CPT 14 - LEGAL KNOWLEDGE EVERY SUPERVIOR AND MANAGER SHOULD KNOW

Question 1

Supervisors need to know that the standard for making an investigative detention is reasonable suspicion. If an officer has knowledge of specific facts that lead to reasonably suspect that a person is involved in criminal activity, the officer may stop and briefly detain the person for questioning. An investigative detention is not an arrest; however, the courts have held that a lack of_______ in these situations can and will convert the situation to a de facto arrest

Answer 1

brevity

U.S. v. Sharpe

Question 2

Next, we will review the authority to detain occupants during the execution of a warrant. All officers should know that a warrant to search a premise for evidence does authorize an officer to detain the occupants for __________ while a proper search is conducted. Officers may take all reasonable safety measures during the execution of a search warrant. Those present may be lawfully detained and handcuffed if necessary, to ensure officer safety.

Answer 2

reasonable amount of time

(Michigan v. Summers, 452 U.S. 692, 1981).

Question 3

Sources of information that may support reasonable suspicion come from

Answer 3

(1) citizen informers,
(2) confidential informants, and
(3) anonymous tipsters.

Question 4

Courts have held that information from known criminal informers must be corroborated for their_______

Answer 4

reliability and veracity

(Illinois v. Gates).

Question 5

require the most corroboration, as the identity of the informer is not known and the information cannot be easily corroborated.

Answer 5

Anonymous tips

Question 6

Anonymous tips require the most corroboration, as the identity of the informer is not known and the information cannot be easily corroborated. However, a call to a 911 emergency line has been deemed to add a measure of reliability, due to the 911 system’s ability to provide caller information. Courts have found that 911 callers for this reason are less likely to provide false information to the police.

CASE

Answer 6

(Prado Navarette
v. California)

Question 7

A Terry stop is a seizure within the meaning of the Fourth
Amendment. Investigative detentions are sometimes referred to as_______________; however, the detention is the stop, and a frisk is_______________ conducted each time you stop a suspect for criminal activity. The frisk of a suspect requires the officer to ______________ the person that is stopped is presently armed and dangerous

Answer 7

“stop and frisks”
/
not automatically
/
independently believe

(Terry v. Ohio, 392 U.S. 1, 1968).

Question 8

During an investigative
detention an officer cannot force a suspect to answer questions; however, the suspect’s
refusal to answer certain questions may give rise to justify and conduct a

Answer 8

protective frisk.

Question 9

Arrests are subject to the requirements of the Fourth Amendment. However, the courts
have upheld the ability of police officers to take a person into custody without a warrant, if they have probable cause to believe the person has committed a felony or a misdemeanor in their presence

Answer 9

(United States v. Watson, 423 U.S. 411, 1976).

Question 10

Probable cause is the same standard required to be met for the issuance of a search warrant or an arrest warrant, and must be satisfied by conditions existing_______

Answer 10

prior to the officer’s stop.

Question 11

whether the police officer can point to “specific and articulable facts which, taken together with rational inferences from those facts,” would lead a judge to conclude that a reasonable person, or in this case a similarly situated officer with similar training and experience, would
believe that possible criminal activity was taking place, and that both an investigative stop and a frisk were appropriate, is ___________________ that is discussed in the Terry decision

Answer 11

The test of reasonableness

Question 12

Because the objective of the frisk is the discovery of dangerous weapons, or to dispel the reasonable suspicion that the person is indeed armed and dangerous, it must therefore be confined in scope to an intrusion reasonably designed to discover weapons or other hidden instruments that may be used to assault the officer

Answer 12

(Maryland v. Wilson, 519 U.S. 408, 413, 1997; Arizona v. Johnson, 129 S. Ct. 781, 786,
2009).

Question 13

In a later case, the Court held that an officer may seize an object if, in the course of a weapons frisk,________ reveals the presence of the object, and the officer has__________ to believe it is contraband. TheSupreme Court of the United States (SCOTUS) viewed the situation as analogous to that covered by the __________ doctrine: obvious contraband may be seized, but a search may
not be expanded to determine whether an object is contraband

Answer 13

“plain touch”
/
probable cause
/
“plain view”

(Minnesota v. Dickerson,
508 U.S. 366, 1993).

Question 14

After Terry, the standard for stops for investigative purposes progressed into one of _________ of criminal activity. That test authorizes some stops and questioning without probable cause, in order to allow police officers to explore the foundations of their suspicions

Answer 14

reasonable suspicion

(United States v. Cortez, 449 U.S. 411, 1981).

Question 15

A Terry search need not be limited to a stop and frisk of the
person. It may extend as well to a____________ of the passenger compartment of a car, if an officer possesses a_________, based on specific and articulable facts that the suspect is dangerous and may gain immediate control of a weapon

Answer 15

protective search
/
reasonable belief

(Michigan v. Long, 463 U.S. 1032, 1983).

Question 16

How lengthy a Terry detention
may be varies and is based on the totality of the circumstances.
In approving a 20-minute detention of a driver made necessary by the driver’s own evasion of drug agents, and a state police decision to hold the driver until the agents could arrive on the scene, the Court indicated that it is “appropriate to examine whether the police _____________ a means of investigation that was likely to confirm or dispel their suspicions_____, during which time it was necessary to detain the defendant”

Answer 16

diligently pursued
/
quickly

(United States v. Sharpe,
470 U.S. 675, 686, 1985)

Question 17

A motor vehicle stop, like an investigative detention, is based on reasonable suspicion, and
the time must be limited to the time necessary to complete the investigation of ________________ and to issue any related traffic citation

Answer 17

the basis for the stop

(Delaware v. Prouse, 440 U.S. 648, 1979).

Question 18

An officer may question the occupants of a lawfully stopped motor vehicle regarding matters unrelated to the reason for the motor vehicle stop, so long as the questioning does not _____________________. Once an officer has made a legal stop of a vehicle for a traffic offense, the officer has the authority to order the driver to step out of the vehicle or remain inside

Answer 18

measurably extend the duration of the stop itself.

(Pennsylvania v. Mimms, 434 U.S. 106, 1977).

Question 19

The U.S. Supreme Court declared that an officer making a traffic stop may also order passengers to get out of the car pending completion of the stop

Answer 19

(Maryland v. Wilson, 519
U.S. 408, 415, 1997).

Question 20

After Wilson, some state supreme courts ruled more restrictively
than federal law on the issue of passenger removal. Some state courts have concluded that when a police officer conducts a traffic stop of a private vehicle, the passenger and the driver are seized under both the federal and state constitutions. Some state courts have ruled that you need a ____________to order a passenger out. Again it’s important to know what your state law says.

Answer 20

“heightened state of danger”

Question 21

In the context of a motor vehicle setting, a consent to search a motor vehicle has been deemed to be valid if the consent is given voluntarily. Some state courts have said a stop may not be prolonged any longer than to complete the reason for the initial stop. Other courts may require that drivers be made aware of their right to withdraw consent; however, the U.S. Supreme Court has held that when looking at the totality of the circumstances, it
may be reasonably concluded that if a defendant consents to be searched, even if not first
advised that he is “free to go,” the ensuing search will be recognized as voluntary. Once the police investigation related to the stop ends, the detention becomes unreasonable without the required_______________.

Answer 21

reasonable suspicion

(Ohio v. Robinette, 519 U.S. 33, 1996).

Question 22

In 1983, the SCOTUS recognized that an informant’s _________, ________, and _________ are important in determining probable cause, and that those issues are intertwined. The SCOTUS established the “ totality-of-the-circumstances”
approach to probable cause, a foundation for decision-making that has stood the test of time,
regarding applications for warrants and determinations of probable cause.

Answer 22

veracity, reliability, and basis of knowledge

(Illinois v. Gates, 462 U.S. 213, 1983).

Question 23

suggests that there is no single
deciding factor that the courts must consider all the facts, the context of those facts as they were known at the time of an incident, and conclude from the whole picture whether there
is probable cause, or whether an alleged detention is really a detention, or whether someone’s
actions were legal and justified.

Answer 23

totality of the circumstances

Question 24

the Court held that the information provided in a search warrant affidavit should be analyzed with regard to the totality of the circumstances. Therefore, an informant’s veracity and reliability are highly relevant
in determining the value of the information provided. The Court also settled the issue that hearsay may be part of the basis for the issuance of a search warrant, as long as there is________________.

Answer 24

substantial credible hearsay

(Illinois v. Gates,
462 U.S. 213, 1983).

Question 25

The U.S. Supreme Court held that a Fourth Amendment seizure requires some sort of__________ with lawful authority, or submission to an_______________.

Answer 25

physical force / assertion of authority (California v. Hodari D, 499 U.S. 621, 1991).

Question 26

The Court noted that the test of whether a seizure violates the Fourth Amendment is based on whether a reasonable person would have concluded that the police had restrained his or her liberty, and that he or she was not free to leave.

Answer 26

(Michigan v. Chesternut, 486 U.S. 567, 1988)

Question 27

In County of Sacramento v. Lewis, 118 S. Ct. 1708, 1720-21 (1998), the U.S. Supreme Court held that the appropriate standard in assess ing a section 1983 claim in the context of a police pursuit is the

Answer 27

“shocks the conscience” standard.

Question 28

There is no constitutional right to counsel for an identification that takes place before the accused is indicted or formally charged. However, after a person is indicted or formally charged, they have the right to counsel at any law enforce ment conducted in-person identification proceeding. Formal charges include indictment and any hearing before a judge. However, if a suspect has been arrested but has not yet been brought before a judge and it is not yet time to do so, the officer may show the suspect to witnesses or to the victim without offering the suspect the chance to have an attorney present. All the officer must do is ensure that the identification proceeding is fair and not unduly suggestive.

Answer 28

(Kirby v. Illinois, 406 U.S. 682, 1972).

Question 29

Even after a suspect has been formally charged, the suspect has no right to refuse to participate in a fairly conducted identification procedure, and the suspect’s lawyer has no right other than to be present as an observer

Answer 29

(United States v. Wade, 38 U.S. 218, 1967).

Question 30

During the showing of the photographs, the suspect has no right to have legal counsel present

Answer 30

(U.S. v. Ash, 413, U.S. 300, 1973).

Question 31

SCOTUS has ruled that under the federal constitution, you do not need a warrant or prob able cause to allow a dog trained in narcotics or explosive detection to sniff luggage, con tainers, or vehicles in a public place, as this type of inspection is not considered a search. Many courts follow this ruling and have determined that a canine sniff is not a search. The Supreme Court of the United States (SCOTUS) has also determined that an alert from a properly trained canine constitutes sufficient grounds to determine probable cause to search

Answer 31

(Florida v. Harris, 568 U.S. 237, 2013).

Question 32

The U.S. Supreme Court has ruled that the U.S. Constitution does not protect motorists’ vehicles from the “nosy” inquiries of drug-sniffing dogs during routine traffic stops in public areas.4 In fact, the detention of a person, vehicle, package, or container for the purpose of a canine search must be based on...

Answer 32

reasonable suspicion or voluntary consent.

Question 33

The U.S. Supreme Court has ruled that the U.S. Constitution does not protect motorists’ vehicles from the “nosy” inquiries of drug-sniffing dogs during routine traffic stops in public areas.4 In fact, the detention of a person, vehicle, package, or container for the purpose of a canine search must be based on reasonable suspicion or voluntary consent. However, if the vehicle or container is already lawfully detained for some other pur pose such as a lawful motor vehicle stop, the Fourth Amendment does not require addi tional justification for a canine sniff of the exterior of the vehicle

Answer 33

(Illinois v. Caballes, 543 U.S. 405, 2005).

Question 34

The SCOTUS held that the use of a canine unit after the completion of an otherwise law ful traffic stop that exceeded the time reason ably required to handle the matter violated the Fourth Amendment’s prohibition against unreasonable searches and seizures

Answer 34

(United States v. Rodriguez, 575 U.S.)

Question 35

In Rodriguez, the Court recognized that the mission of the vehicle stop determines its allowable duration and the authority for the stop ends when the mission has been accomplished.5 The Court held that a seizure unrelated to the reason for the stop is lawful only so long as it does not extend the stop’s duration. Although the use of a canine unit may cause only a minor extension of the stop (less than 10 minutes in this case), it is not fairly characterized as connected to the mission of a routine traffic stop, and was therefore found to be ...

Answer 35

unlawful

Question 36

The SCOTUS also made it clear that conducting a canine sniff of a residence or its curtilage qualifies as a search that is protected by the Fourth Amendment

Answer 36

(Florida v. Jardines, 569, U.S. 1, 2013).

Question 37

While the U.S. Constitution makes it clear that the gold standard for police searches is a warrant, there are exceptions to this rule. One such exception is the common-law rule permitting searches of the person arrested as an incident to a lawful arrest. When a lawful arrest is made, it is reasonable for an officer based on concerns for officer safety and the preservation of evidence to contemporaneously with the arrest (1) search the person arrested and (2) search areas into which the person arrested might reach and retrieve weapons or destroy evidence

Answer 37

(Chimel v. California, 1969; United States v. Robinson, 1973).

Question 38

The U.S. Supreme Court held in Chimel that police officers arresting a person at their home could not search the entire home without a search warrant; however, police were permitted to search the area within the immediate reach of the person at the time of the arrest. This area of immediate reach is typically referred to as the ...

Answer 38

grabble area.

Question 39

The Supreme Court has found it permissible for a police officer to conduct routine inventory searches of a lawfully impounded motor vehicle. The inventory search also extends to any containers found inside the vehicle at the time of the search. The Court determined that the search must be conducted in accordance with the department’s standard operating pro cedures and conducted in good faith;

Answer 39

(South Dakota v. Opperman 428 U.S. 364 1976).

Question 40

Another established part of the law states that police officers are not obligated to obtain a warrant to effect a lawful arrest in a public place. The Supreme Court found that a warrantless arrest of a person in a public place is permissible, even if the officer could have obtained one prior to the arrest, as long as the officer has probable cause to effect the arrest.

Answer 40

(United States v. Watson 423 U.S. 411 1976)

Question 41

The Supreme Court found that a warrantless arrest of a person in a public place is permissible, even if the officer could have obtained one prior to the arrest, as long as the officer has probable cause to effect the arrest. However, in the absence of exigent circumstances or consent, police personnel are not able to arrest a person within their dwelling without obtaining an arrest warrant

Answer 41

(Payton v. New York 445 U.S. 573 1980).

Question 42

Deadly force is prohibited to prevent escape, unless the person arrested poses a significant threat of serious bodily injury or death to an officer or a third party, and the use of deadly force is necessary to prevent the escape and effect the arrest

Answer 42

(Tennessee v. Garner, 471 U.S. 1 1985).

Question 43

Another area that all supervisors and managers should be familiar with is the search of electronic devices. Further limitations have been placed on searches of these devices (Riley v. California 573 U.S., 2014). After all, the ultimate touchstone of the Fourth Amendment is________________(Brigham City v. Stuart, 547 U.S., 2006). Searches of electronic devices fall into the realm of searching for evidence of wrongdoing or criminal activity, and therefore generally require the existence of a warrant. In fact, in Riley, the U.S. Supreme Court unanimously held that the police generally may not without a warrant search digital information on a cellular phone seized incident to an arrest.

Answer 43

“reasonableness”

Question 44

In comparing the Riley ruling to a ruling made in Chimel v. California, the Court distinguished a difference between the search of a cell phone and the search of a physical object such as a cigarette pack, which was the subject of the Chimel case. The Court emphasized two reasons why searching the digital information contained on a cellular phone is more intrusive and complex than a simple search and seizure of an ordinary physi cal object.

Answer 44

First, the digital data does not present any of the risks the Chimel case sought to address, such as officer safety and destruction of evidence. Second, the Court emphasized the heightened privacy interests at stake when dealing with digital information stored on cellular phones, noting the substantive differences between digital data and physical objects.

Question 45

In this case Supreme Court ruled that the installation of a Global Positioning System (GPS) tracking device on a person’s car constituted a search under the meaning of the Fourth Amendment, and a warrant is required before law enforcement can install such a device on someone’s vehicle.

Answer 45

U.S. v. Jones

Question 46

The Fourth Amendment, introduced to the Bill of Rights by ________________ protects individuals against unreasonable search and seizure. These rights seek to balance the pri vacy interests of an individual against the law enforcement interests of the government.

Answer 46

James Madison

Question 47

The Fourth Amendment, introduced to the Bill of Rights by James Madison, protects individuals against unreasonable search and seizure. These rights seek to balance ...

Answer 47

the privacy interests of an individual against the law enforcement interests of the government.

Question 48

Lawful search and seizure therefore requires a warrant in most cases, with exceptions made for probable cause or emergency situations. Subsequent rulings by the SCOTUS have defined the amendment’s protection to include a “reasonable expectation of privacy” and the exclusionary rule, which prohibits evidence obtained in an illegal search and seizure from being used in a court of law. Citizens of the United States are guaranteed a right to privacy

Answer 48

(Katz v. U.S., 389 U.S. 347, 1967).

Question 49

“The Fourth Amendment protects ____________________,” wrote Justice Potter Stewart for the Court in Katz v. U.S. A concurring opinion by John Marshall Harlan introduced the idea of a “reasonable” expectation of privacy of Fourth Amendment protection

Answer 49

people, not places

Question 50

In this case the Court declined to extend the “third-party doctrine” to cell-site location information, which suggests even greater privacy concerns than GPS tracking does

Answer 50

(Carpenter v. U.S.)

Question 51

a doctrine where information disclosed to a third party car ries no reasonable expectation of privacy

Answer 51

“third-party doctrine”

Question 52

One consideration in the develop ment of the third-party doctrine was the ____________ and the level of intrusiveness that extensive cell-site data weighs against application of the doctrine to this type of information.

Answer 52

“nature of the particular documents sought,”

Question 53

In Carpenter v. U.S., 585 U.S. (2018), the FBI identified the cell phone numbers during an investigation of robbery suspects. Prosecutors obtained court orders under reasonable grounds to obtain the suspect’s cell phone cell tower location his tory. They were able to get time-stamped cell-site location information from the wireless carrier. This information helped to convict the individuals on the robbery cases. However, the SCOTUS ruled that obtaining cell-site location information constitutes

Answer 53

a search under the Fourth Amendment requiring a warrant supported by probable cause.

Question 54

The automobile exception to the warrant requirement was created from a holding in

Answer 54

Carroll v. United States

Question 55

Although motor homes do serve as residences, the Court has extended the automobile exception to a fully mobile motor home parked in a parking lot, which is licensed for vehicular travel

Answer 55

(California v. Carney, 471 U.S. 386, 1985).

Question 56

In Michigan v. Long 463 U.S. 1032 (1983), the U.S. Supreme Court held that the limited search of the passenger compartment of an automobile where weapons may be hidden is permissible if the officer has __________ that the suspect is dangerous and may gain control of a weapon during the police encounter

Answer 56

reasonable suspicion

Question 57

In Arizona v. Gant 556 U.S. 332 (2009), the Court held that the Fourth Amendment to the U.S. Constitution requires law enforcement officers to demonstrate _________________ to their safety posed by a person arrested, or a need to preserve evidence related to the crime of arrest from tampering by the person arrested, in order to justify a warrantless vehicular search incident to arrest, conducted after the vehicle’s recent occupants have been arrested and secured.

Answer 57

an actual and continuing threat

Question 58

They are a main justification for the evolution of a suspect’s Fifth Amendment and Sixth Amendment Constitutional protections, which make up the foundation of their Miranda rights.

Answer 58

“third degree” techniques

Question 59

make up the foundation of their Miranda rights

Answer 59

Fifth Amendment and Sixth Amendment Constitutional protections

Question 60

“task of defining ‘custody’ is a slippery one”

Answer 60

(Oregon v. Elstad, 470 U.S., 1985).

Question 61

To waive Miranda, a suspect should do so

Answer 61

knowingly, voluntarily, and intelligently

Question 62

main exceptions to Miranda:

Answer 62

(1) routine booking exception, (2) routine traffic stops for traffic violations exception, (3) unsolicited statements (excited utterance), and (4) the public safety exception.

Question 63

The U.S. Supreme Court has equated being in custody to being deprived of a freedom of action in a significant way

Answer 63

(Thompson v. Keohane, 516 U.S. 99 112, 1995).

Question 64

If there is a threat to public safety, questions may be asked without the administration of Miranda warnings

Answer 64

(NY v. Quarles, 4677 U.S. 649).

Question 65

the Court held that the proceedings for juveniles had to comply with the requirements of the Fifth, Sixth, and Fourteenth Amendments. These requirements included adequate notice of charges, notification of both the child and the parents as to the juvenile’s right to counsel, opportunity for confrontation of witnesses and their crossexamination at the hearings, and adequate safeguards against self-incrimination

Answer 65

(In Re Gault, 387, US 1, 1967).

Question 66

Hot pursuit, also sometimes called “fresh pursuit,” is the chase by police personnel of a person whom the police have reason to believe has just committed a crime. In a hotpursuit situation, the police officer may arrest the suspect without a warrant for a felony offense

Answer 66

(U.S. v. Santana 427 U.S. 39, 1976).

Question 67

absent consent or exigency, an officer cannot enter the home of a third party to effect an arrest of someone who does not live there. Even if they have an arrest warrant, they must also have a ___________________ to enter the home to search for the person.

Answer 67

search warrant

Question 68

A consent search must be voluntary. A claim by officers that “we have a search warrant” or “we will be back with a search warrant” makes a consequent consent involuntary and invalid

Answer 68

(Bumper v. North Carolina 392 U.S. 757, 1966).

Question 69

During a lawful tenancy, a landlord cannot give valid consent to enter or search the tenant’s residence

Answer 69

(Chapman v. U.S. 365, 1961).

Question 70

During paid occupancy, a hotel manager cannot give valid consent to enter or search the guest’s rooms

Answer 70

(Stoner v. California 376 U.S. 483, 1961).

Question 71

Police may even rely on consent given by someone who reasonably appears to have authority over the place to be searched, even if the person does not have actual authority to authorize the consent

Answer 71

(Illinois v. Rodriguez 497 U.S. 491, 1990).

Question 72

Valid consent can be obtained from a person who is in lawful police custody

Answer 72

(U.S. v. Watson, 423 U.S. 411, 1976).

Question 73

The prosecution has the burden of proving valid consent by a preponderance of the evidence

Answer 73

(U.S. v. Mendenhall 446 U.S. 544, 1980).

Question 74

The prosecution has the burden of proving valid consent by a __________________________________ (U.S. v. Mendenhall 446 U.S. 544, 1980).

Answer 74

preponderance of the evidence

Question 75

consent obtained during an unlawful detention will not be deemed valid

Answer 75

(Florida v. Royer 460 U.S. 491, 1983).

Question 76

It seems predictable that an officer may make poor decisions in the field without proper training regarding the requirements of the ADA. So, what can be done to avoid these situations? The answer is simple:

Answer 76

(1) training, (2) sensitivity, and (3) awareness.

Question 77

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an __________________ on the operation of the employer’s business.

Answer 77

“undue hardship”

Question 78

In 2013, the U.S. Supreme Court ruled states may collect and analyze DNA from people after an arrest.12 The 2013 ruling validated DNA collection laws prior to conviction in 29 states.

Answer 78

Maryland v. King

Question 79

The U.S. Supreme Court held that while the Fourth Amendment’s prohibition on unreasonable searches and seizures applies to public school officials, they may conduct _______________ of students under their authority of reasonable suspicion, notwithstanding the probable cause standard that would normally apply to searches under the Fourth Amendment (NJ v. T.L.O, 469 U.S. 325, 1985).

Answer 79

reasonable warrantless searches

Question 80

The Court found that searches carried out by school officials had to be justified at

Answer 80

their inception.

Question 81

established that the Fourth Amendment does not prohibit police from conducting a warrantless search of a person on parole, even when there is no suspicion of criminal wrongdoing. Being on parole is basis enough.

Answer 81

Samson v. California,

Question 82

the Court held that a warrantless search of the home of a person on probation did not violate the Fourth Amendment. A person committed to legal custody is therefore subject to that department’s rules and regulations.

Answer 82

Griffin v. Wisconsin

Question 83

In 2001, a unanimous court in _________________________ ruled that the warrantless search of an individual on probation was supported by reasonable suspicion and authorized as a condition of parole. The Court then concluded that based on ordinary Fourth Amendment analysis, reasonable suspicion is constitutionally sufficient to render a warrant requirement unnecessary.

Answer 83

United States v. Knights, 534 U.S. 112

Question 84

The U.S. Supreme Court held that municipalities may be liable for inadequate training of employees, but only when “the failure to train amounts to deliberate indifference” to the constitutional rights of the people with whom the employees will interact

Answer 84

(City of Canton, Ohio v. Harris, 489 U.S. 378, 1989).

Question 85

The U.S. Supreme Court held that municipalities may be liable for inadequate training of employees, but only when “the failure to train amounts to ______________ to the constitutional rights of the people with whom the employees will interact (City of Canton, Ohio v. Harris, 489 U.S. 378, 1989).

Answer 85

deliberate indifference”

Question 86

The SCOTUS held that local government officials and organizations such as a school board are considered “persons” and may be sued in their official capacity for the purpose of

Answer 86

liability for back wages.

Question 87

indicated that municipalities could be liable for the infringement of constitutional rights (Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 1978).

Answer 87

The Sherman Amendment

Question 88

The Court held that Monell Liability only existed when the constitutional infringement was the direct result of

Answer 88

an official policy.

Question 89

In this case the U.S. Supreme Court recognized the need for an objective qualified immunity defense to protect public officials, including law enforcement officers, from frivolous lawsuits that flow from their necessary official actions.

Answer 89

Harlow v. Fitzgerald,

Question 90

The Court eliminated entirely any consideration of the ______________of the public official at the time of an alleged constitutional transgression and focused exclusively on the actual ____________ related to the official’s conduct (Harlow v. Fitzgerald, 457 U.S. 800, 1982).

Answer 90

subjective intent / objective facts

Question 91

The Court observed that the goal of the qualified immunity defense was to allow for the

Answer 91

“dismissal of insubstantial lawsuits without trial”

Question 92

The U.S. Supreme Court ruled that government officials are generally shielded from liability, insofar as their_________________ does not violate clearly established constitutional rights, of which a reasonable person would have known to assert (Harlow v. Fitzgerald, 457 U.S. 800, 1982).

Answer 92

(objective) conduct

Question 93

the Court observed that unless lawsuit allegations involve a claimed violation of clearly established constitutional rights, the defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. The Court made clear that the qualified immunity defense is an immunity from suit, rather than a mere defense to liability; and it is effectively lost if a case is erroneously permitted to go to trial.

Answer 93

Mitchell v. Forsyth

Question 94

The Court made clear that the qualified immunity defense is an immunity from suit, rather than a _________________; and it is effectively lost if a case is erroneously permitted to go to trial.

Answer 94

mere defense to liability

Question 95

The Supreme Court has demonstrated the Court’s continued determination to give police officers the benefit of the doubt, when reviewing their split-second life-changing decisions from the entirely safe confines of their judicial chambers

Answer 95

(Mullinex v. Luna, 577 U.S. ______ 2015).

Question 96

is a U.S. federal law allowing qualified active and retired law enforcement officers from local and state agencies to carry concealed firearms. This law creates two basic classes of qualifiers: A qualified law enforcement officer and A qualified retired law enforcement officer each containing a number of qualifying components.

Answer 96

The Law Enforcement Officers Safety Act (LEOSA)

Question 97

The Family and Medical Leave Act of 1993 (FMLA) is a U.S. labor law requiring covered employers to provide eligible employees with unpaid (job-protected) leave for qualified medical and family reasons. * According to the U.S. Department of Labor,14 eligible employees are entitled to

Answer 97

12 workweeks of leave in a 12-month period for: * the birth of a child, and to care for the newborn child within one year of birth; * the placement with the employee of a child for adoption or foster care, and to care for the newly placed child within one year of placement; * to care for the employee’s spouse, child, or parent (but not a parent “in-law”) who has a serious health condition; * a serious health condition that makes the employee unable to perform the essential functions of their job; * any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”; or * As well as 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Question 98

The First Amendment protects, but is not limited to, the following rights:

Answer 98

* hold ideas or beliefs concerning public policy, or political, educational, cultural, or religious matters; * communicate such ideas or beliefs, publicly or privately, orally, or in writing; * associate and assemble with others concerning such ideas or beliefs; * petition the government or government officials for redress of grievances; or associate for the purpose of seeking and giving legal advice and advancing litigation.

Question 99

This case stated that the First Amendment provides the public a “right to record — photograph, film, or audio record — police officers conducting official police activity in public areas.”

Answer 99

Fields v. City of Philadelphia

Question 100

_____________have been recognized by the courts as generally reliable sources of information.

Answer 100

Citizen informers