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LMPT Test One EPO – Questions & Verified Answers
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LMPT Test One EPO – Questions & Verified Answers
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LMPT Test One EPO – Questions & Verified AnswersIdentify the elements, applicability, and scope of 42 U.S.C. § 1983 and the
Bivens Analogy. Right Ans - 42 USC 1983- State and Local Level criminal
constitutional court, feds can also be tried at this level but usually filed
through Bivens. The 1st,4th,5th, and 8th amendments.
Bivens- Federal Criminal Court- only federal LEOs can be tried. The 4th, 5th,
and 8th amendments.
Both Must meet all requirements for officer to lose Qualified immunity: 1. Act,
2. Under color of law, 3. Depriving someone of, 4. Constitutional Rights.
Requires no specific intent of violation of rights from Law Enforcement.
Entitled to dismissal unless: 1. A constitutional right was violated. 2. Law was
clearly established.
Recognize incidents of potential civil liability for Federal Law Enforcement
Officers under state tort theories and the FTCA protection from individual
liability. Right Ans - Federal Tort Claims Act "Government allowing a
person to sue you."
Negligent Torts: (ALL FED EMPLOYEES) "Malpractice, Traffic Accidents, Slip
and Falls."
Intentional Torts: (FED LEO ONLY) "Battery, Assault, False Imprisonment."
Both torts must meet 4 requirements- 1. Duty 2. Willful Breach 3. Causation 4.
Damages
Employee is Protected by FTCA if: Employee was acting within the scope of
their employment.
Recognize the most common incidents of civil liability for Federal Law
Enforcement Officers under Bivens and the defense of qualified immunity.
Right Ans - Bivens: "Arrest & Searches without PC, Knowingly submitting false
or misleading affidavits for search or arrest warrants, failure to act when
excessive force is used."
To Get Qualified immunity must have both of the following: 1. Act was
reasonable, 2. Does not violate clearly established statutory or constitutional
rights which an reasonable officer would have known.
How does the U.S. Constitution applies to law enforcement officer behavior.
Right Ans - When law enforcement agencies abide by the Constitution,
members of the public are more likely to view police actions as legitimate. The
,community will know they can trust police officers to act in ways that are
respectful, appropriate, and just.
Identify the components of the criminal justice system that originate in the
U.S. Constitution. Right Ans - -Articles 1-3 form the law making,
enforcement and judicial bodies of the govt-Amendments 1-10 outline the
rights of the people interacting with the criminal justice system. (Search and
seizure, trial and bail rights, questioning rights, sentencing, and incrimination)
unprotected speech: fighting words, Right Ans - words are personally
abusive epithets which, when addressed to the ordinary citizen, are
reasonably likely to provoke a violent reaction.
Unprotected Speech advocacy of imminent lawless action Right Ans -
Advocating lawlessness in public is punishable when two conditions are
satisfied. First, the advocacy must be directed to inciting or producing
imminent lawless action. Consequently, advocating lawlessness at some
future time is protected. Secondly, the advocacy must be likely to incite or
produce lawlessness
Unprotected Speech Expression creating a clear and present danger Right
Ans - Comments that place the public in fear of an impending peril are
punishable. For example, telephoning security personnel Constitutional Law
54 at a federal building and saying, "There's a bomb in the building" is
unprotected speech
Unprotected Speech True Threats Right Ans - Express a present
determination or intent to hurt someone, now or in the future. "I will kill you"
shows a present determination.
Legislative- Congress Right Ans - : Enacts laws.
Article I of the Constitution
· Tax and spend
· Regulate interstate and foreign commerce
· Establish post offices and post roads
· Establish federal courts inferior to the United States Supreme Court
Executive Branch Right Ans - Implements the Law Article II of the
Constitution
, · Appoint members of the Administration
· Enter into treaties with foreign powers
· Veto acts of Congress
· Grant Pardons- Federal Crimes only
Judicial Branch Right Ans - Interprets the law.
Article III of Constitution
· Establishes only one court, the Supreme Court
· All inferior courts are created by an act of Congress.
· The Supreme Court has the power to declare laws unconstitutional and is the
final authority on matters of constitutional interpretation.
All three branches of the US Government are? Right Ans - CO-Equal
First Amendment Right Ans - Amendment protects personal belief, opinion,
and action. Those rights are freedom of religion, freedom of speech, freedom
of the press, and the dual right to assemble peaceably and to petition the
government.
Fourth AMendment Right Ans - The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Fifth Amendment Right Ans - A constitutional amendment designed to
protect the rights of persons accused of crimes, including protection against
double jeopardy, self-incrimination, and punishment without due process of
law.
Sixth Amendment Right Ans - A constitutional amendment designed to
protect individuals accused of crimes. It includes the right to counsel, the right
to confront witnesses, and the right to a speedy and public trial.
Eighth Amendment Right Ans - Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted.
Speech is protected under 1st amendment why? Right Ans - protects the
people from unreasonable government restrictions upon their expression of
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