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Exam 1 > EPOs > Flashcards

EPOs Flashcards

1
Q

Officer Liability EPO 1

Identify the elements, applicability, and scope of 42 USC 1983 and the Bivens Analogy.

A

provides a civil cause of action against state and local law enforcement officers who are acting under the color of law, deprive an individual of any civil rights.

bivens: grant applies to federal officers/agents

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2
Q

Officer Liability EPO 2
Recognize incidents of potential civil liability for Federal Law Enforcement Officers under state tort theories and the FTCA protection from individual liability.

A

N-failure to intervene
N-breach of that duty
N-causation
N-damages, pain & suffering, property damage
I-battery, assault, false imprisonment/arrest, emotional distress
I-trespass to land/chattel (personal property)

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3
Q

Officer Liability EPO 3
Recognize the most common incidents of civil liability for Federal Law Enforcement Officers under Bivens and the defense of qualified immunity.

A

N-assumption of the risk
N-contributory negligence
I-necessary risk
I-consent

FTCA covers LOEs when not under the color of law

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4
Q

Constitutional Law EPO 1

Identify how the US Constitution applies to law enforcement officer behavior.

A

the constitution limits government power and the bill of rights protects people from violating those rights.

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5
Q

Constitutional Law EPO 2

Identify the components of the criminal justice system that originate in the US Constitution.

A
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6
Q

Constitutional Law EPO 3

Identify the powers of the legislative, executive, and judicial branches of the US government.

A

legislative: makes laws
executive: enforces laws
judicial: interprets laws
checks and balances: certain degree of control over the other two.

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7
Q

Constitutional Law EPO 4
Identify the rights and privileges guaranteed to citizens by the first, fourth, fifth, sixth, eighth, and fourteenth amendments to the constitution.

A

1st - guarantees freedom of religion, speech freedom of press and dual right to assemble peaceably and to petition the government.

4th - prohibits unreasonable searches and seizures

5th - right to a grand jury, forbids double jeopardy and protects against self-incrimination

6th - right to a speedy trial, confrontation of witness, counsel, informed of the charges, venue

8th - reasonable bail amount nor cruel and unusual punishment inflicted

14th - fundamental rights in the bill of rights. if an officer conducts an unreasonable search they are violating this amendment.

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8
Q

Use of Force EPO 1
Identify and apply the legal issues associated with the use of intermediate weapons, such as striking instruments and chemical sprays.

A

force is necessary to control them. understand control vs compliance.

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9
Q

Use of Force EPO 2
Identify and apply the elements of “qualified immunity” and when a law enforcement officer sued for excessive use force is entitled.

A

tennessee v garner - two ways to get it:

  1. the force was constitutional
  2. that the law was not clearly established at the time
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10
Q

Use of Force EPO 3
Identify and apply the legal standards outlined in Graham v. Connor for the use of force during the seizure of an individual.

A

must be objectively reasonable.

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11
Q

Use of Force EPO 4

Identify and apply when deadly force is objectively reasonable.

A
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12
Q

5th & 6th Amendments EPO 1

Identify and analyze a valid Miranda waiver.

A

Voluntarily, intelligently and knowingly

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13
Q

5th & 6th Amendments EPO 2

Identify and analyze how the fifth amendment due process clause affects eye-witness identification procedures.

A
  • the unduly suggestions

show-up: must be done promptly
photo array: at least 6 photos
line ups: at least 6 physical people

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14
Q

5th & 6th Amendments EPO 3

Identify and analyze how to proceed after a suspect invokes a Miranda Right.

A
  • questioning must stop (brick wall)
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15
Q

5th & 6th Amendments EPO 4
Identify and analyze situations, other than custodial interrogation, in which the privilege against
self-incrimination is applicable.

A

In all cases when a person is in jeopardy of self incrimination.

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16
Q

5th & 6th Amendments EPO 5

Identify and analyze those situations when the Sixth Amendment right to counsel exists.

A

When triggered by: indictment, information or initial appearance, at any critical stage.

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17
Q

5th & 6th Amendments EPO 6

Identify and analyze when Miranda warnings are required.

A
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18
Q

5th & 6th Amendments EPO 7
Identify and analyze when the Fifth Amendment privilege against self-incrimination is
applicable.

A

anywhere a person can be incriminated.

exceptions: double jeopardy or immunity

Kalkins - gov. provides immunity but has to talk or can suffer repercussions

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19
Q

Criminal Investigations Case Management EPO 1
Identify the criminal investigator’s function in the investigative, judicial, and post-judicial
Management processes.

A

assisting the AUSA, conduct the investigation, criminal/civil asset forfeiture, get all info AUSA needs

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20
Q

Criminal Investigations Case Management EPO 2

Identify the elements of case management.

A

knowledge, ID potential defenses early in the investigation. organized/completed case file. legally obtained/secured evidence.

21
Q

Criminal Investigations Case Management EPO 3

Identify the major goals of a criminal investigation and the steps required to achieve those goals

A

collect, preserve, process information. AKA conduct an investigation.

22
Q

Authentication of IDs for Law Enforcement EPO 1
Recognize the various documents that are acceptable for U.S. Citizens and Foreign Nationals to present to officials as proof of identify.

A
23
Q

Authentication of IDs for Law Enforcement EPO 2
Identify the security features found in the most common types of identity documents and the
techniques used to detect alteration and counterfeiting of security devices.

A
24
Q

Authentication of IDs for Law Enforcement EPO 3

Recognize common methods for altering and counterfeiting identity documents.

A
25
Q

Cross Cultural Communications EPO 1

Demonstrate and/or identify principal barriers to effective cross cultural communications.

A
  • language
  • ignorance of cultural norms
  • prejudice
  • ethnocentrism
26
Q

Cross Cultural Communications EPO 2
Identify racial profiling (to include race, color, and perceived ethnic background) and the potential negative impact that it may have on effective law enforcement.

A
  • tension between communities, minorities, LOEs
  • increased fear and lack of trust of LEOs
  • dilutes effectiveness of law enforcement efforts
  • may cause indignation and embarrassment
  • fosters a perception of police oppression
27
Q

Cross Cultural Communications EPO 3

Identify skills for improving cross-cultural communication.

A
  • willingness to listen
  • an intention to effectively communicate while simultaneously remaining safe
  • an ability to understand other points of view
  • approachability
  • empathy
  • objectivity
  • patience
  • humility
  • tolerance
  • self-awareness
  • understanding of non-verbal communication
  • understanding of benefits/limitations of non-verbal communication
  • accept that there are cultural differences and learn to respect this fact
28
Q

Cross Cultural Communications EPO 4

Define “culture” and its major components.

A
  • the collective way of life of the people in a group
  • standards, perspectives and the physical objects that constitute our everyday lives
  • shared set of understandings
  • ways of living built by a group of humans
  • learned and transmitted from generation to generation
29
Q

Interviewing for Criminal Investigators EPO 1

Identify interview planning considerations.

A
30
Q

Interviewing for Criminal Investigators EPO 2

Demonstrate and/or identify principles of non-verbal communication.

A
31
Q

Interviewing for Criminal Investigators EPO 3

Demonstrate and/or identify verbal indicators of truth and deception.

A
  • liars tend to omit or avoid incriminating details
  • have less details altogether
  • liars tend to take longer to answer
32
Q

Interviewing for Criminal Investigators EPO 4

Demonstrate and/or identify planning considerations for a suspect interview.

A
  • presumption: recorded
  • custodial interviews
  • place of detention/jailed
  • timing
  • scope of offenses and recording
  • exceptions
33
Q

Interviewing for Criminal Investigators EPO 5
Demonstrate and/or identify the procedures when conducting interviews with one or two law enforcement officers to include note taking.

A
34
Q

Interviewing for Criminal Investigators EPO 6

Demonstrate and/or identify recommended questioning techniques.

A
35
Q

Interviewing for Criminal Investigators EPO 7

Demonstrate and/or identify the suspect interview method.

A
  • Rapport
  • Baseline
  • S.U.E.
36
Q

Interviewing for Criminal Investigators EPO 8
Demonstrate and/or identify interpersonal and communication skills required to generate rapport and obtain reliable information.

A
37
Q

Interviewing for Criminal Investigators EPO 9
Demonstrate and/or identify the principle components of “Psychological First Aid” techniques and the communication skills necessary for building effective relationships with victims and
witnesses.

A
38
Q

Interviewing for Criminal Investigators EPO 10

Differentiate how victims’ rights and services are mandated by law.

A
39
Q

Interviewing for Criminal Investigators EPO 11

Demonstrate and/or identify the law enforcement interview process.

A
40
Q

Use of Force EPO 1

Identify and/or articulate the use of force in accordance with the constitutional standard.

A

Graham v Connor: Objective Reasonableness

41
Q

Use of Force EPO 2

Identify factors that may cause unnecessary hesitation when an officer uses force.

A
  • societal expectations
  • agency policies
  • belief in endless lawsuits
  • media persecution
42
Q

Use of Force EPO 3

Identify methods of overcoming unnecessary hesitation in use of force applications.

A
  • understand the law
  • understand agency policy
  • positive imagery
  • commitment - other than self
  • reality based training
  • personal appearance
43
Q

Use of Force EPO 4

Identify the fundamentals of documenting a use of force incident.

A
  • facts not conclusions (2 men had a gun that threatened me)
  • training and experience
  • matched the description - specifics
44
Q

Use of Force EPO 5

Identify human performance factors that impact use of force responses.

A
  • perceived risk from the threat
  • time available to respond
  • confidence in their skill set
  • experience level with the threat
  • fatigue
45
Q

Human Trafficking EPO 1

Define human trafficking, including federal legislation.

A

Definition: compelling someone to work or to engage in a commercial sex act.

Fed Legislation: Trafficking Victims Protection Act (TVPA): created to ensure just and effective punishment of traffickers, and to protect their victims.

46
Q

Human Trafficking EPO 2

Identify indicators of human trafficking.

A

Situational: locks, fences, physical violence/abuse, lack of access to docs, overcrowded, monitored transportation/social, non-payment for work.

Behavioral: fearful to speak, overmedicated, one person talking for group

47
Q

Lifestyle Management EPO 1

Identify the dimensions of wellness affecting lifestyle management.

A 
physical health
mental
emotional
spiritual
social
occupational
48
Q

Lifestyle Management EPO 2

Identify the stress response and methods for managing stress.

A 
confidence
goal setting - and accomplishing them
energy management
integrating imagery
attention control
49
Q

Lifestyle Management EPO 3

Identify the elements of the law enforcement profession that make it a cardiac risk.

A

poor sleep
nutrition
inactivity

Exam 1 (7 decks)

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