LMPT Exam 5 Questions with All Correct Answers
What are some characteristics of Intentional torts? - Answer- 1. Act
2. Intent
3. Causation (you caused them)
4. Damages
Constitutional Tort. What is it? - Answer- Torts based upon deprivations of Constitutional Rights (42 USC 1983 or a Bivens...
LMPT Exam 5 Questions with All
Correct Answers
What are some characteristics of Intentional torts? - Answer- 1. Act
2. Intent
3. Causation (you caused them)
4. Damages
Constitutional Tort. What is it? - Answer- Torts based upon deprivations of
Constitutional Rights (42 USC 1983 or a Bivens action)
What are some examples of a constitutional tort? - Answer- 1. 4th amendment use of
force excessive claims
2. Unlawful arrest/searches without PC
3. Knowingly false/misleading and dishonest PC statements
4. Failure to intervene when excessive force is used by another officer
What is 42 USC 1993 - Answer- 1. An action
2. Done under the color of a state, territory or DC (NOT FEDERAL)
3. Depriving any person (a citizen or other person within the US jurisdiction) of any
rights, privileges, or immunities secured by the Constitution or federal law
What is a Bivens actions - Answer- Civil remedy against FEDERAL LEOs
For willful violations of: 4th, 5th 8th amendments
1. Excessive UOF
2. Unlawful search (LEO lying is included for warrant purposes)
3. Failure to intervene
What are the elements of Qualified Immunity? - Answer- 1. Would the facts as alleged
by the plaintiff be a constitutional tort?
2. If yes, was the right that was violated clearly established and would it be clear to a
reasonable LEO that the conduct violated the plaintiff's constitutional rights.
How would a LEO get qualified immunity? - Answer- 1. The force was constitutional
2. The law was not clearly established at the time
When is qualified immunity denied? - Answer- 1. A constitutional violation occurred
2. Such violation was clearly established
What is the federal tort claims act (FTCA)? - Answer- 1. It protects federal officers and
agents from personal liability
2. It compensates victims of harmful or injurious government acts.
, The US Government is liable for what kinds of acts? - Answer- Negligent or wrongful
acts
This does not include intentional torts except for LEOs
LEOs are covered for both intentional and unintentional because you are authorized to
search/seize/arrest.
The FTCA covers government employees when they are acting... - Answer- Within the
line and scope of their employment.
Driving gov car to work for example
Can LEOs consume alcoholic beverages while flying armed? - Answer- Noooo
They are prohibited from consuming alcoholic beverages 8 hours prior to the flight
What are the requirements to fly armed? - Answer- 1. Be a fed or full time local cop
2. Be sworn and commissioned to enforce criminal or immigration statutes
3. Be authorized by the employees agency to have a weapon in connection with
assigned duties
4. Have completed the approved TSA "LEOs flying armed training"
What is a UFAN? - Answer- Unique Federal Agency Number.
It is an agency specific, unique identifier designed to identify Federal LEOs authorized
to travel armed on U.S. commercial aircraft's.
What is NLETS in relation to flying armed? - Answer- The National Law Enforcement
Telecommunications System (NLETS)
It is what state and local use to verify they are allowed to fly armed. NLETS supplies a
unique alphanumeric identifier to the TSA and/or LEO at the security checkpoint
How many hours in advance must you notify the aircraft operator (airline) that you are
flying armed? - Answer- 1 whole hour!
What is the Federal Air Marshal Mission? - Answer- To detect, deter and defeat hostiles
targeting US aircraft
Who do you contact if you have any issues boarding armed? - Answer- Ground Security
Coordinator (GSC)
Where must the Federal Flight Deck Officer's weapon be locked up while not on the
flight deck? - Answer- In a lock box.
Can you store your firearm in the overhead bin? T/F - Answer- False. It must be on you
at all times
What characteristics make LEOs effective witnesses? - Answer- 1. Tell the truth
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