Standards
Standard of justification needed to support an investigative stop. And the case associated.
Reasonable suspicion and Terry v Ohio
p76/77
Who petitions the court for an RPO?
A law enforcement agency.
p95
Steagald v US addresses this issue.
searches of third party residences for a person with an arrest warrant.
p96
Which FSS addresses use of force in apprehending a fleeing felon?
FSS 776.05
p101
Neglecting to perform what the law or duty requires.
Omission
p104
During a valid stop and frisk, the officer must be able to articulate that they immediately recognized the item as contraband. This is associated with which court case?
Minn v Dickerson
p78
What computer program do LEO have access to in order to confirm CCW permits?
p94
Minnesota v Dickerson addresses this.
Readily identifying contraband during a stop and frisk/pat down
Name the 5 actions by LEO that commonly lead to civil liability.
Arrests, searches, use of force, first aid and vehicle operations.
p 104
The range of reasonable and foreseeable activities that an employee does while carrying out the employer's business.
Acting within the scope of employment
p108
The subjective reasoning of an officer for a stop is irrelevant so long as there is an objectively reasonable justification for the traffic stop. This is associated with which court case?
Whren v US
Pretext Stop
p78
This is the only time a citizen could lawfully carry a firearm at a school athletic event.
When the event is related to firearms.
p93
Harlow v Fitzgerald addresses this.
Immunity
Per your text, what is an example of an intentional tort? An unintentional tort?
battery or false incarceration
negligence
p103
Situation where someone is held responsible for the actions or another person.
Vicarious liability
p106
Reasonable suspicion may be established through a number of sources...name the 4 listed in your text
personal observation, info from fellow LEO, info from 3rd parties, and BOLOs
p77
Define "readily accessible for immediate use" in reference to stops and concealed weapons.
carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.
p94
US v Robinson addresses this.
The reason for searches incident to arrest
1-weapons/officer safety
2-preservation of evidence/contraband
Per your text, what two questions does objective reasonableness ask, in reference to use of force?
Would a reasonable officer have used forced in a similar circumstance? and Were the officer's actions reasonable under the given circumstances?
p99
When an unforeseen emergency requires instinctive action, you are not required to use the same degree of care as when you have time to reflect.
Emergency doctrine
p109
These two court cases concern the fluidity of probable cause and that PC is established by the totality of circumstances.
Draper v US and Ill v Gates
p79
To lawfully carry a firearm while in a public conveyance (Not CCW), the person must meet these two elements.
1-firearm must be securely encased
2-and must not be in the person's manual possession
p92
Georgia v Randolph addresses this.
Consent/Refusal to consent for search when two parties present that both have authority over space to be searched.
List 5 of 7 reasons a Notice to Appear may not be issued:
1-ID cannot be verified, 2-refusal to sign, 3-risk of bodily injure, 4-DV related, 5-no ties to community, 6-wanted elsewhere, 7-prior FTA
p98
Information received from people that is not easily substantiated.
Hearsay
p112