Session #1 Flashcards
The majority of the CIVIL LIABILITY lawsuits brought against police officers and police departments are based on the CIVIL TORTS of
A: abuse of process.
B: malicious prosecution.
C: Assault and Battery and False Arrest.
D: Federal Civil Rights violations.
C: Assault and Battery and False Arrest.1-3-2
The best way for a police officer to minimize civil legal actions based on false arrest is to
A: arrest only on probable cause.
B: arrest in the presence of witnesses.
C: arrest with a warrant.
D: properly advise of Miranda warnings
C: arrest with a warrant. 1-3-4
The broadest category of TORT for which persons are liable is based on
A: false arrest.
B: abuse of authority.
C: Assault and Battery.
D: negligence.
D: negligence
Police officers who become the subject of litigation because of action taken by them in the course of performing official duty may be subject to broader liability than a private person. With respect to this potential liability for something such as a complaint of unlawful force being used, which of the following statements is not correct?
A: The officer may be arrested and tried in a state criminal court for assault.
B: The officer may be sued in a state civil court for money damages based on the assault and battery.
C: If the officer is convicted of assault in the state criminal court, he may not be arrested and tried in a Federal court for civil rights violation. But, if he is acquitted in the state criminal court he may be convicted in a Federal court for civil rights violations.
D: The officer may be sued in a Federal civil court for money damages for civil rights violations.
E: The officer may be required to defend himself at a department disciplinary hearing
C: If the officer is convicted of assault in the state criminal court, he may not be arrested and tried in a Federal court for civil rights violation. But, if he is acquitted in the state criminal court he may be convicted in a Federal court for civil rights violations.
The broadest category of TORT for which persons are liable is based on
A: false arrest.
B: abuse of authority.
C: Assault and Battery.
D: negligence.
D: negligence.
A police officer’s greatest exposure to civil liability based on negligence liability results from
A: making arrests.
B: issuing summonses.
C: searching persons.
D: operation of a police vehicle.
D: operation of a police vehicle
The civil legal actions for monetary damages usually brought against police officers for acting within the scope of their employment are assault and battery, false arrest or imprisonment, malicious prosecution and abuse of process, violation of Federal Civil Rights statutes. Statistical studies reveal that a majority of the civil liability lawsuits brought against police officers and police departments are based on
A: violation of the Federal Civil Rights statutes.
B: false arrest and assault and battery.
C: malicious prosecution.
D: abuse of “stop and frisk” procedures.
B: false arrest and assault and battery
Police Officer Mullins, while performing duty in uniform in Suffolk County, lost his temper in effecting the arrest of Roger for Disorderly Conduct. Incidental to Roger being arrested, he directed some strong and obscene language at Officer Mullins. Mullins responded by saying, “Who the hell do you think you’re talking to, you dirt bag.” Roger continued with his verbal tirade and Mullins struck him about the head and shoulders with his nightstick. Roger was admitted to South Side Hospital suffering from a fractured jaw and a broken collar bone.
Based solely on the information contained above, evaluate the following statements.
- P.O. Mullins could be sued in a State court for money damages based on the tort of Assault and Battery.
- P.O. Mullins could be arrested and tried in a State court for Criminal Assault AND could also be arrested
and tried in a Federal court for a Criminal Violation of Civil Rights.
A: Both statements are accurate.
B: Only statement #1 is accurate if statement #2 is inaccurate.
C: Both statements can’t be accurate because of the problem of double jeopardy.
D: Neither statement is accurate
A: Both statements are accurate
A majority of the civil liability lawsuits brought against police officers and police
departments are based on the civil torts of assault and battery and false arrest.
A: TRUE
B: FALSE
A: TRUE
There are two (2) kinds of damages that can be claimed and awarded in a civil action:
ordinary and exemplary.
A: TRUE
B: FALSE
TRUE
The Public Officers Law and the General Municipal Law require police agencies to
protect their officers from personal liability by the payment of any judgment for ordinary damages rendered against those officers in a civil tort action.
A: TRUE
B: FALSE
B: Only when the underlying action was in performance of police duty and within the scope of the officer’s employment. But NG if malice has been proved vs. the officer.
If a police officer is served with a Summons in these kinds of cases and the process
server is desirous of also serving process to the Department, the officer concerned should advise the process server to serve it to the Head of the Department or Legal Counsel for the Department.
A: TRUE
B: FALSE
A: TRUE
The improper direction of traffic by a police officer may lead to civil liability based
on negligence.
A: TRUE
B: FALSE
A: Basis for a prior question.
A police officer operating a police vehicle would always be protected from civil
negligence liability if an accident occurs because the officer passed a red light while responding to a legitimate emergency call.
A: TRUE
B: FALSE
B: “…would need emergency lights, sirens, slow down at intersection, etc.” 1-3-7
The “damages” claimed by a plaintiff in a law suit to cover “out-of-pocket” losses are referred to as
A: ordinary damages.
B: exemplary damages.
C: punitive damages.
D: real damages.
A: ordinary damages.1-3-2
Which of the following is said to be of more help to law enforcement than any other crime prevention method?
A: Irregular, omnipresent patrol
B: Public awareness and involvement
C: Well-trained police officers
D: Supervisory diligence
B: Public awareness and involvement 1-4-7
Almost all experts agree that the objectives of a police agency cannot be accomplished without the support and involvement of the community. A way in which there can be increased citizen involvement in preventing crime according to the Manual For Police is:
A: Increase the Department’s budget.
B: Team work between citizens and police should be encouraged.
C: Publicized awards for exceptional citizen involvement.
D: Increase the size of the Auxiliary Police Unit
B: Public awareness and involvement are of more help to law enforcement than ANY OTHER crime prevention method. 1-4-4
