Module 4 Flashcards
- The doctrine of “respondeat superior” holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of their employees’ duties.
• True (Correct Answer / Your Answer)
Officers are subject to state criminal law unless their conduct is _______.
• legally justified (Correct Answer)
In order for an officer’s department to be liable, the procedures must be outlined in a formal policy.
• False (Correct Answer / Your Answer)
A governmental unit is relieved of liability in which of the following situations?
• lawful entry on to property (Correct Answer)
Negligent behavior is criminal under federal statutes.
• False (Correct Answer)
The key point in using physical force is the “reasonableness” of the force given the specific facts and circumstances of the incident.
True
As a general rule, high speed pursuit liability is similar forms of liability.
True
An officer may ultimately face criminal and civil proceedings if a court determines the officer used an unreasonable amount of force.
True
_____________ is defined as the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
• negligence (Correct Answer / Your Answer)
An investigative detention cannot continue indefinitely; at some point, the length of time will become unreasonable.
• True (Correct Answer / Your Answer)
A tort is a criminal wrong for which the law provides a remedy for police misconduct, usually incarceration.
False
An officer’s department may be liable for acts based on _______.
- formal policy
- custom
- informal policy
- all of the above (Correct Answer / Your Answer)
An officer may ultimately face criminal, but not civil, proceedings if a court determines the officer used a reasonable amount of force.
• False (Correct Answer / Your Answer)
As a general rule, a law enforcement officer or his/her agency will not be held liable for mere negligence.
True
_______________ will unlikely be used by the suspect to argue he/she was placed under arrest.
The physical size of the officer (Correct Answer)
Which of the following factors may turn a proper investigatory detention into an unreasonable arrest?
• the length of time of the detention (Correct Answer / Your Answer)
As a general rule, high speed pursuit liability is unlike other forms of liability.
• False (Correct Answer / Your Answer)
The “Good Samaritan Act” states officers are not liable for the administration of emergency medical care unless the officer’s actions is/are_________.
willful and/or wanton (Correct Answer / Your Answer)
A governmental unit is relieved of liability in good faith discretionary decisions.
True
A federal civil rights violation (42 U.S.C. 1983) suit may be filed when a citizen has been deprived of a constitutional or federally protected right by a person acting under the color of law who acts with deliberate indifference.
True
Before an officer may be held liable in a vehicle pursuit, his/her actions must constitute ____________ misconduct.
willful and wanton (Correct Answer / Your Answer)
Common situations where tort liability may arise for an officer may include _________.
- false arrest/imprisonment
- excessive use of force in effecting an arrest
- illegal search and seizure
- all of the above (Correct Answer / Your Answer)
An officer’s department may be liable for acts based on _____.
• custom (Correct Answer)
_________ is defined as “when an official knows of and disregards an excessive risk to inmate health or safety; and the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.”
• Deliberate indifference (Correct Answer)
To reduce liability, an officer should become familiar with and follow agency policy/procedure, even if later the policy/procedure is found to be unconstitutional, as it moves the responsibility to the employer from the officer.
• True (Correct Answer / Your Answer)
Every situation where an officer uses force is ___________, therefore the officer’s use of force must ___________with the situation.
• different, change (Correct Answer / Your Answer)
Officers are generally permitted to use a reasonable amount of force in effecting the arrest of an individual.
True (Correct Answer / Your Answer)
An investigative detention can continue indefinitely; at some point, the length of time will become reasonable.
• False (Correct Answer / Your Answer)
As a general rule, a law enforcement officer or his/her agency will be held liable for mere negligence.
False (Correct Answer)
