Amendments that Fixed the Constitution (1)
What are the first 10 Amendments called?
The Bill of Rights
What type(s) of legal action, if any, can an officer who has used too much physical force face?
Criminal and/or Civil
True/False: A government official who does not stop another official's misconduct CANNOT be held equally liable in a civil case as the official who committed the act.
False
True/False: Seeing a person run away from you, as an officer with no other information, is enough information to seize that person for investigation.
False: You need more than just flight
True/False: A search occurs ONLY when a government official says or does something to cause a person to believe that they are not free to leave.
False- This refers to a Seizure
What Amendment provides protection against excessive bail, excessive fines, cruel & unusual punishment?
8th Amendment
Qualified Immunity (shields government official in lawsuits) provides what type of protection against civil and criminal claims?
Limited
What are the 2 types of liability an government official may face for violating someone's rights?
Civil and Criminal Liability
What are the 2 types of contact that occur between a citizen and an officer?
Voluntary and Investigative
What can an officer conduct a search if there is no Reasonable Suspicion, no warrant, no search incident to arrest, and no exigency?
Ask Permission
What is the purpose of the 14th Amendment?
Made the BOR applicable to states.
An employee's supervisor/leadership may be held accountable for that employee's actions if they "knew/should have known" under what concept?
Vicarious Liability
The legal standard to establish responsibility in CIVIL court is called what? (This means that the better case wins)
Preponderance of the Evidence
What term means criminal activity has recently happened, is happening now, or is about to happen?
Afoot
ANY use of force is considered a _______ under the 4th Amendment.
Seizure
What are the 5 rights granted under the 1st Amendment?
Speech, Press, Religion, Petition for Redress of Grievance, & Peaceable Assembly
Failure to remove an employee from employment when needed or keeping an employee when illegal acts are discovered are examples of what?
Negligence Retention
Doctrine of Respondeat Superior
...that criminal activity is afoot.
What 1968 SCOTUS case established "stop and frisk" and differentiated between Reasonable Suspicion and Probable Cause?
Terry v Ohio
What are the 5 protections granted under the 5th Amendment?
Double Jeopardy, Due Process, Self-Incrimination, Notification of Criminal Charges, & Just Compensation
Which federal statute (enacted in 1886) allows for a violation of a Constitutionally protected right to be charged as a federal crime? The prosecution must show that the accused was acting under the "color of law."
Title 18 USC Section 242
Which federal statute (enacted in 1871) allows a citizen to file a federal civil claim against government misconduct, even if the violation was not committed by federal officials?
42 USC Section 1983
Name 4 factors that an officer can consider when establishing Reasonable Suspicion.
Info from other Officers/Citizens, Officer Knowledge of Offender, Location & Time of Day or Night, Action Upon Observing Police (Flight, Erratic Behavior, etc.), High/Low Crime Area, etc.
What timeframe was set in US v Sharpe (1985) as the acceptable length for seizure without new reasonable suspicion?
20 Minutes