EXM1.2 Flashcards

(35 cards)

1
Q

(4) Elements of enforcing & Reporting Violations of Professional Standards Among Colleges

( I-DC-P&P-UCC )

A

I = Inaction

DC = Direct Confrontation

P&P = Policy & Procedure

UCC = Utilizing Chain of Command

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2
Q

(4) Things That Make Up The Foundation of Quality Law Enforcement

( HM VPE)

A

(1) - HM = High Morals

(2) - V = Values

(3) - P = Principles

(4) - E = Ethics

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3
Q

(3) Things For Writing Use of Force Reports

( FNC - ONS - T&E )

A

(1) - FNC = Facts NOT Conclusions

(2) - ONS = Objective NOT Subjective

(3) - T&E =2.718 Training & Experience

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4
Q

Graham Factors (4)

( SCITAR AE AF )

A

(1) - SC = Severity of Crime

(2) - IT = Immediate Threat

(3) - AR = Actively Resisting

(4) - AEAF = Attempting to Evade Arrest Flight

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5
Q

(4) Parts of Intemperance

( A L G PP )

A

(1) - Anger
(2) - Lust
(3) - Greed
(4) - Peer Pressure

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6
Q

Six Pillars of Character

( TRR + JF + C + CVC )

A

T = Trustworthiness
R = Respect
R = Responsibility

JF = Justice & Fairness

C = Caring

CVC = Civic Virtue & Citizenship

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7
Q

In Graham V. Connor Who drove Dethorne Graham to the convenient store for some orange juice?

A

William Berry

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8
Q

In what case was evidence from a pumped stomach thrown out to convict a suspect because it violated “due process”?

A

Rochin v. California

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9
Q

Does Graham v. Connor govern “medical neglect” during a seizure?

A

No

It governs use of force and excessive force

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10
Q

What case law governs “excessive force” during a seizure?

A

Graham v. Connor

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11
Q

What case law establishes “Shocks the conscience” standard for due process?

A

Rochin v. California

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12
Q

What case law defines “Deliberate Indifference” for medical needs?

A

Estelle v. Gamble

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13
Q

What Idaho case law has to do with “Due Process”?

A

State v. Lankford

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14
Q

Is “Qualified Immunity” for law enforcement officers from civil liability covered under 42 USC 1983?

A

Yes

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15
Q

What (2) elements must a plaintiff prove in court for a claim of “excessive force”?

A

First, that officer violated a constitutional right,

and;

second, the right was clearly established at the time of incident

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16
Q

What case law establishes the framework of “Qualified Immunity”?

A

Harlow v. Fitzgerald

17
Q

What case law established “The 2 prong Test” for “Qualified Immunity”?

A

Saucier v. Katz

18
Q

What Idaho case law addresses “Proportionality” of force?

A

State v. Araiza

19
Q

What part of the mind communicates through feelings & Emotions?

A

Sub-conscience Mind

20
Q

What part of the mind communicates using “Rationalization” and the “analysis” of a given situation?

A

The Conscience Mind

21
Q

What part of the mind is limited on the amount of information it can focus on at one time?

A

The Conscience Mind

22
Q

Idaho Code 7-1403

A

Family Law License Suspension

23
Q

This standard assesses actions from the perspective of a reasonable officer at the scene, factoring in elements like the severity of the crime, immediate threat, and suspect’s resistance or evasion, ensuring decisions align with constitutional protections and Idaho Peace Officer Standards and Training (POST) guidelines.

A

The Objective Reasonable Person Standard

24
Q

Legal test used to evaluate whether a law enforcement officer’s actions, such as the use of force, were reasonable under the Fourth Amendment, based on how a hypothetical reasonable person (or officer) would act in the same circumstances, considering ____ __________ ____ _____ _______________.

A

The Objective Reasonable Person Standard

“The Totality of the Circumstances”

25
Legal standard in Idaho and federal law, defined as the conscious or reckless disregard of a known or obvious risk of serious harm to another person, particularly in contexts like failing to provide adequate medical care or safety to inmates or detainees, violating their Eighth or Fourteenth Amendment rights
Deliberate Indifference
26
In Idaho, ______________ _________________ requires more than mere negligence; it involves actual awareness or willful blindness to a substantial risk, often applied in cases of prison conditions or medical neglect, and can lead to liability under 42 U.S.C. § 1983 or Idaho Code § 6-904 for tort claims
Deliberate Indifference
27
U.S. Supreme Court case holding that law enforcement officers may use deadly force only when a suspect poses a significant threat of death or serious physical injury to the officer or others or when necessary to prevent escape of a dangerous felon. It established that deadly force to prevent escape is unconstitutional unless the officer has probable cause to believe the suspect poses an immediate threat.
Tennessee v. Garner
28
A federal case where the court upheld the denial of qualified immunity to police officers who used excessive force and failed to provide medical care to suspect., resulting in his death by asphyxiation during an arrest. The court found that the officers’ actions violated clearly established Fourth and Fourteenth Amendment rights
Estate of Owensby v. Cincinnati
29
U.S. Supreme Court case establishing that the reasonableness of a law enforcement officer’s use of force must be judged under the Fourth Amendment’s “objective reasonableness” standard, based on the totality of circumstances. The court outlined three factors: the severity of the crime, whether the suspect poses an immediate threat, and whether the suspect is actively resisting or evading arrest.
Graham v. Connor
30
occurs when a law enforcement officer, through physical force or a show of authority, intentionally restricts a person’s freedom of movement, and the person submits or is physically restrained, as determined by an objective reasonable person standard
Seizure
31
This includes arrests, traffic stops, or Terry stops where an officer’s actions (e.g., activating lights, issuing commands, or using handcuffs) would make a reasonable person feel they are not free to leave, provided the suspect complies or is detained, per Idaho and federal law.
Seizure
32
What is the (3) Prong Test from Graham v. Connor?
The Objective Reasonableness Standard “Test” (1) - The Severity of the Crime (2) - Immediate Threat (3) - Actively Resisting
33
(3) Items for a Use of Force Report
(1) - Facts NOT Conclusions (2) - Objective NOT Subjective (3) - Experience & Training
34
What is the difference between Objective & Subjective?
Subjective refers to an officer’s personal intentions, beliefs, or motivations (e.g., what they actually thought or felt) objective refers to what a hypothetical reasonable officer would perceive or do in the same circumstances, judged by external facts and standards without regard to the officer’s internal state, as required by the Fourth Amendment’s reasonableness test
35