Liability
What are the two most common types of liability?
What is criminal liability and civil liability?
What is a civil right's violation?
A concept developed from a common law idea that the King(or Queen) and their agents can do no wrong. This has been translated into law enforcement and other government agencies, and is a limited waiver of liability.
What is Sovereign Law?
Terry v. Ohio
Terry Stop/Reasonable suspicion
Draper v. U.S.
have to have PC to stop
Type of liability in which a person is found guilty of committing a crime and is sentenced to incarceration or other such penalties.
What is criminal liability?
True or false:
You can be held both criminally and civilly liable for wrongful acts or negligence?
This refers to the reasonable and foreseeable range of activities someone would be expected to do to carry out their job.
Example: A police officer would not be expected to run into a burning building because they are not trained to do so.
What is acting within scope of employment?
Wren v. Ohio
Pretext stops
Sawyer vs. State
Must be immediate apparent as contraband for plain view
Type of liability that most often is caused by negligence, due to a wrongful act or omission that injures a person or property. Penalties are typically monetary ($).
What is civil liability?
What is direct liability?
Type of immunity that protects police officers and government officials from liability for civil damages as long as their conduct was not violating statute or constitutional rights of others.
What is qualified immunity?
Minnesota vs. Dickerson
plain touch during pat down
Carroll vs. U.S.
Automobile exception that allows warrantless searches based on probable cause
An example of this type of liability would be the following:
A motorist was texting and driving at a high rate of speed when they accidentally crashed into another motorist causing injuries.
What is recklessness?
Type of liability in a person or entity is held responsible for the negligence of another.
An example of this is an officer's agency being held responsible for the officer's negligence.
What is vicarious liability?
A doctrine when an unforeseen emergency requires instinctive action, you are not required to utilize the same degree of care as when you have time to reflect.
What is an emergency doctrine?
Mackey vs. State
Carrying a CCW does not equal reasonable suspicion
Hornblower vs. State
Scurrying = destruction of evidence/allows LEO’s to enter
When someone breaches their duty to act with reasonable care.
What is negligence?
An agency puts policies and procedures in place to help officer's ensure they are not held liable if they follow those procedures. This is called?
What is limiting liability?
This refers to acts done in according to agency policy and procedure. This can be judged subjectively by if another officer in the same situation would have done the same thing?
What is acting in a reasonable manner?
Illinois v. Gates
Totality of circumstances equals probable cause
Siebert v. State
Foot = search if emergency