NPS Mission and History
Who was the first director of the NPS
Stephen Mather
What are the checks and balances of the three branches of government
Congress makes laws, President can veto the laws, Congress can override the veto, Supreme Court can rule a law unconstitutional, Congress can amend the Constitution
Define Deadly force
Any force which is reasonably likely to cause death or serious bodily injury
Explain the fifth amendment right against self-incrimination
Persons has the right to not self-incriminate themselves in a criminal case
When is 42 U.S.C. 1983 applicable
What is the mission of the NPS
"To conserve the scenery, and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same such manner and by such means as will leave them unimpaired for the enjoyment of future generation"
What forms of speech are protected/unprotected by the first amendment
Protected-Spoken word, written word, gestures, and symbolic acts
Unprotected-Obscenity, fraudulent misrepresentation, defamation, advocacy of imminent lawless behavior, and fighting words
What is the constitutional standard for use of force
Describe when Miranda rights are required
Cops, custody, questioning
When they are working within the scopes of their duty, and are not violating a clearly established constitutional or statutory right
What is the name of the act of Congress which established the NPS
The Organic Act of 1916
What are the powers granted to the three branches of government by the Constitution
Legislative-Creates laws
Executive-Implements and enforces laws
Judicial-Resolves conflicts and interprets laws
List some Graham factors
Severity of crime, Whether the suspect is an immediate threat to the safety of the officers or others, whether the suspect is actively resisting arrest, whether the suspect is attempting to evade arrest, number of suspects vs. officers, duration of action, relative size, age & condition of suspects & officers, known history of violent/mental illness, innocent bystanders could be harmed, and presence of a weapon
Describe what constitutes a valid Miranda waiver
Written is preferred, however, spoken is accepted
It must be given voluntarily, by a knowing and intellegent person
What violations of constitutional rights can a federal employee be sued for by Bivens
First amendment, fourth amendment, self-incrimination, and eighth amendment violations
What are the names of the two (2) acts which has given law enforcement capabilities to NPS Rangers
The General Authorities Act of 1976 (54 U.S.C. 102701) and the Authority of Forest Officers Act of1905
What rights are protected by the First, Fourth, Fifth, Sixth, and Eighth Amendments
First-Speech, press, religion, and peaceful assembly
Fourth-Unreasonable search and seizure
Fifth-Self-incrimination, due process, double jeopardy, and grand jury
Sixth-Right to cross examine witness, assistance of counsel, compulsory process, speedy trail, and venue
Eighth-Excessive bail, excessive fines, and cruel and unusual punishment
Explain how to proceed after a suspect invokes a right after a Miranda warning is given
If they invoke the right to silence, questioning stops immediately, and they may be approached again after a reasonable time.
If they invoke the right to attorney, you must wait 14 days before you can approach again
What are the elements of negligent torts
Duty of care, breach of duty, causation, and damages
What was the name of the event which called for more law enforcement capabilities for the rangers
The Stoneman Meadow Riot
Describe the different areas which the government can restrict the first amendment
Private forums, Public forums, Non-public forums
What is an intermediate weapon
Any weapon that, if used correctly, are not reasonably likely to cause deadly force. Don't use for simple non-compliance
Explain how the fifth amendment due process clause affects eye-witness identification procedures
Line-ups/Photo arrays can't be composed in such a way as to remove any inherent suggestiveness, and must be a minimum of 6
Show-ups are inherently suggestive, and happens immediately after the crime has been committed
Describe the Federal Tort Claims Act
Protects federal officers and agents from personal liability, and compensates victims of harmful government acts