99 Things Flashcards
1
Q
The Bill of Rights lists limits on government power, prohibits congress from making laws that would:
A
Infringe on an individual’s liberties
2
Q
What does the 5th Amendment cover?
A
Self-incrimination and double jeopardy
3
Q
What does the 7th Amendment cover?
A
Right to a trial by jury
4
Q
Civil rights generally refer to:
A
The rights of persons to be free from unequal treatment based on certain personal characteristics
5
Q
What is the definition of civil liberties?
A
Basic rights and freedoms that every person is presumed to have
6
Q
What is the burden of proof in civil law cases?
A
A preponderance of the evidence
7
Q
What is the burden of proof in criminal law cases?
A
Beyond a reasonable doubt
8
Q
What happens at an arraignment?
A
The accused is advised of the charges, and must enter a plea
9
Q
Circumstantial evidence is evidence requiring a(n) _______ to connect to a conclusion
A
Inference
10
Q
What are the 2 components of criminal liability, and the 2 names for each?
A
Guilty act, actus rea
Guilty mind, mens rea
11
Q
What is exculpatory evidence?
A
Evidence that is favorable to the defendant, likely to exonerate them
12
Q
What happens in a preliminary hearing?
A
The judge decides if there is sufficient evidence to proceed to trial
13
Q
What is the definition of burden of proof?
A
Duty of one of the parties in a legal case to prove or disprove a fact
14
Q
Beyond a reasonable doubt means that it is ________ to assume the defendant is guilty
A
Reasonable
15
Q
What is the statue of limitations in Ohio?
A
Felony - 6 years
Misdemeanor - 2 years
Minor Misdemeanor - 6 months
16
Q
What are the monetary penalties called in civil trials?
A
Damages
17
Q
A repossession would be what type of civil matter?
A
Breach of contract
18
Q
A candidate saying untrue things about another candidate would be what type of civil matter?
A
Tort issue
19
Q
What are emergency protection orders, or EPO’s, also known as?
A
Domestic Violence Protection Order (DVPO) or Temporary Protection Order (TPO)
20
Q
What 3 types of crimes would a criminal protection order be issued for:
A
A crime of violence, menacing, or trespassing
21
Q
How long does a civil protection order last?
A
5 years
22
Q
For the professional rescue doctrine, legal action is allowed if the injury to the first responder is caused by a(n):
A
Independent third party
23
Q
Due process is the requirement that government must provide ________ ________ and operate within the ________of the law
A
Fair procedures, frameworkG
24
Q
Government employees have a right to due process if they have this:
A
A property interest in their job
25
What did the Garrity case determine?
The use of coerced statements are prohibited in subsequent criminal proceedings
26
The Garrity Warning gives specific rights to public employees who are the subject of:
Administrative or internal investigations
27
What did the Weingarten case determine?
Confirmed that the employee has the right to union representation during an investigatory interview in which discipline may be administered
28
What did the Loudermill case determine?
Public employees’ jobs often become a form of property
29
What 3 things are public employees subject to suspension without pay or demotion entitled to?
Oral and written charges and allegations against them
Oral and written explanation of the employer’s evidence against them
Opportunity to present their side of the story
30
What is the definition of misfeasance?
Performance of a government official that is lawful but performed improperly or carelessly
31
Malfeasance is the performance of a government official that is ________, ________, and ________
Unlawful
Unjustified
Wrongful
32
Nonfeasance is the failure of a government official to:
Perform an act he is required to execute
33
What is the Brady Rule?
During pre-trial discovery, the prosecution is required to provide any exculpatory evidence to the defendant's attorney
34
Qualified Immunity involves laws protecting government employees from lawsuits based on ________ or ________ decisions they make while on the job
Judgement or discretion
35
Qualified Immunity applies to an officer, provided they didn't violate:
Clearly established laws, rights, or liberties that a reasonable person would have known about
36
What is the most common type of lawsuit filed against police?
A 42 USC 1983 action
37
What is the common definition of immunity?
An exemption from legal proceedings
38
What is an independent clause?
Smallest grammatical unit that expresses an idea and can stand alone as a sentence
39
What is the seminal case providing guidance on the use of deadly force?
Tennessee v. Garner
40
It is not unreasonable to prevent a suspect's escape by using deadly force if he poses what?
A threat of serious physical harm
41
What court case defined and reiterated several important issues for law enforcement with respect to the use of force
Graham v. Connor
42
All claims of law enforcement use of excessive force should be judged by what standard?
Objective reasonableness
43
Uses of excessive force by law enforcement are judged through the eyes of:
A reasonable officer at the scene
44
What are the 3 Graham factors to determine reasonableness of force?
Severity of crime at hand
If suspect poses immediate threat
Whether suspect is actively resisting arrest
45
Terry v. Ohio authorized police to:
Perform a carefully limited search of the outer clothing of suspicious persons to discover any weapons that may be used against officers
46
Under Terry, what 3 factors must be present to warrant an officer doing a pat-down?
Unusual conduct
Belief criminal activity is afoot
Belief subject is armed and dangerous
47
Probable cause is the burden of proof required for what 3 things?
Arrest
Search
Obtaining a warrant
48
Probable cause to arrest must be based on:
Sufficient facts and circumstances
49
For probable cause to search, facts must be known to the officer either by:
Personal experience or a trusted source
50
What does an affidavit for a search warrant accomplish?
Presents facts and circumstances that the officer (affiant) believes provides probable cause to allow the judge to authorize a warrant
51
What 2 things must happen before an officer can use force to serve a warrant?
Officer must give notice/intent to serve warrant, and be refused admittance
52
Search warrants authorize police to search for ________ ________ at ________ ________
Precise items at specific locations
53
What court case established the exceptions to the search warrant requirement?
Johnson v. United States
54
When police stop a vehicle and detain its occupants, that is considered a ________ under the 4th Amendment
Seizure
55
The Court has found that the risk of harm to both occupants and officers is minimized if officers exercise:
Unquestioned command of the situation
56
The court has found that car passengers will often be engaged in what with the driver?
Common enterprise
57
Interference caused by people recording police officers must be ________ or ________ to operations
Detrimental or dangerous
58
The FBI considers sovereign citizens to be:
Extremists
59
When an individual is taken into custody or deprived of his freedom, and subjected to questioning, the privilege against ________ from the 5th Amendment is jeopardized
Self-incrimination
60
In order for the results of questioning to be used at trial, the subject must have ________ and ________ waived his rights
Knowingly and intelligently
61
Only relevant inquiry into the necessity of Miranda warnings is determining if the person was:
In custody
62
A person must ________ ________ their 5th Amendment rights
Specifically invoke
63
What 3 things must occur before questioning a suspect AFTER he has invoked his Miranda Rights?
Subject released from custody
Period of 14 days elapses
Subject is re-read Miranda Rights
64
What is the definition of a writ?
Court order commanding a person or organization to do or not do something
65
What is a Writ of Replevin?
Commands someone to release property
Directs the county sheriff to assist if the possessor refuses to surrender the property
66
What is the police officer's primary role in a civil assist?
To keep the peace
67
The legal process for an eviction hearing is called a:
Summary proceeding
68
An individual is considered a tenant, once they have:
Taken up residency
69
General guidance as to what are considered "fighting words"
Language spoken face-to-face that is likely to provoke or incite an average person to violence, thereby causing a breach of the peace
70
While on duty, police are assumed to be working under the:
Color of law
71
The Federal crime of Deprivation of Rights means:
Officer willfully subjects any person to the deprivation of their rights, privileges, or immunity secured by the constitution
72
What constitutes the Federal crime of Conspiracy Against Rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege
73
In a civil action for deprivation of rights, or an 42 USC 1983 action, who is liable for damages, the employer or the employee?
The employer
74
HIPAA threatens severe civil and criminal penalties to anyone releasing this illegally or without the proper authorization
Protected health information (PHI)
75
What are the 3 main fingerprint types?
Arches
Loops
Whorls
76
What are the 3 classification types for transferred fingerprints?
Latent
Patent
Impressed
77
What are the only types of fingerprints not visible to the naked eye?
Latent
78
What does IAFIS stand for?
Integrated Automated Fingerprint Identification System
79
What two types of fingerprints can be scanned into an AFIS system?
Latent prints and ten-print cards
80
98% of our DNA consists of unique repeating patterns known as:
Short-tandem repeats (STR)
81
Touch DNA, or low-level DNA, is a product of a person touching an object and their ________ ________ being left behind
Skin cells
82
Refrigerated and insulated containers should be used to transport what 2 types of DNA to the lab?
Liquid and tissue samples
83
What does CODIS stand for?
Combined DNA Index System
84
What are the microscopic marks imprinted onto the barrel, breach, and other metal parts of the firearm during it's manufacturing process called?
Tool marks
85
What does NIBIN stand for?
National Integrated Ballistic Information Network
86
What 3 elements are found in people having just fired a gun, or been in the vicinity of one being fired?
Lead
Barium
Antimony
87
After firing a handgun, what 3 actions have a direct impact on the expending of the shell casing?
Unlocking
Extraction
Ejection
88
The training in rapid care of the most common battlefield wounds is called:
Tactical Combat Casualty Care (TCCC)
89
TCCC and SABA training gives officers the basic skills needed to ________ critically injured persons
Stabilize
90
What ability has been shown to dramatically increase an officer's chances of survival?
The ability to render aid
91
What are the two standards for eye protection ratings?
Z87.1 and MPECC
92
Spectacles passing the military standard will be marked with ________ on the left temple
APEC
93
If sound reaches or exceeds this level, it can permanently damage your hearing:
85db
94
Hearing protection tested by OSHA will have this listed on it:
A noise reduction rating (NRR)
95
The ________ the NRR number, the greater potential for noise reduction
Higher
96
Police need to not only understand the difference between seeing and observing, but learn techniques to practice the life-saving art and science of ________
Observation
97
What is the definition of observing?
The ability to notice things to gain information
98
What are the 5 levels of situational awareness:
Condition: White, yellow, orange, red, and black
99
What level of situational awareness should a police officer be in when performing his daily duties?
Condition yellow
100
What level of situational awareness should a police officer be in when responding to a call for service?
Condition orange
101
Under what level of situational awareness does your training kick in on autopilot?
Condition black
102
What is defined as the distance needed for an officer to react to a threat?
The reactionary gap
103
An armed adversary with an edged or blunt weapon charging towards the officer can cover a 21 foot distance in:
1.5 seconds
104
The 21-foot distance is known as the:
Danger zone
105
Observing a person in possession of a firearm should cause you to transition from condition ________ to at least condition ________
Yellow
Orange
106
What 2 things are required by sunshine laws?
Meetings open to the public
Public records disclosed upon request
107
Self-defense is a claim of:
Affirmative defense
108
The burden of proof to support a claim of self-defense falls to who, and by what level?
Accused, by a preponderance of the evidence
109
What does the Castle Doctrine say?
A person has no duty to retreat when assaulted or placed in peril and they are in a place they have a lawful right to be
110
When determining matters of force, unless mentioned specifically in a state statute, the burden of proof lies with:
The person who used the force
111
What 4 times do you NOT have a duty to retreat?
In your own home
In your own vehicle
In a vehicle owned by an immediate family member
As a police officer
