MPOETC Exam #7 With 100% Correct And Verified Answers 2024, Exams of Advanced Education

Download MPOETC Exam #7 With 100% Correct And Verified Answers 2024 and more Exams Advanced Education in PDF only on Docsity! MPOETC Exam #7 With 100% Correct And Verified Answers 2024 4th Amendment - Correct Answer-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. (Objective Reasonable Standard) Use of Force in Law Enforcement definition: - Correct Answer-the amount of effort required by police to compel compliance from a person The type of force an officer uses must be what? - Correct Answer-reasonable & necessary What are the two basic legal purposes of police force? - Correct Answer-defense & control Defense - Correct Answer-of yourself and or another (to include prevention of one harming themselves) Control - Correct Answer-make arrest, prevent escape, prevent a crime What are the four amendments that limit the use of force by the police? - Correct Answer-- 4th amendment (unreasonable search+seizure) - 5th amendment (Self-incrimination) - 8th amendment (Cruel & unusual punishment for people convicted of a crime and excessive bail) - 14th amendment (Due process, unintentional uses of force) Title 42, Section 1983 - Correct Answer-civil action for the deprivation of one's civil rights (acting under "Color of Law" or "Cloak of Authority")when identifying as a police officer you are acting under "Color of Law" Remedies available in a Section 1983 claim - Correct Answer-- injunctive relief - compensatory damages - punitive damages - attorney fees awarded to the prevailing lawyer Injunctive Relief - Correct Answer-remedy provided by a court decision preventing or requiring someone to perform a particular action. Compensatory Damages - Correct Answer-A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party (ex. medical bills) Punitive Damages - Correct Answer-a monetary amount awarded to a plaintiff in a civil lawsuit for the purpose of punishing the defendant, or to deter him from engaging in the same conduct in the future ("don't do it again") When an officer violates use of force standards, who faces negative consequences from the incident? - Correct Answer-Everyone does; officer, department & the community What are consequences for violating use of force standards? - Correct Answer-- incident investigation - complaint - discipline - loss employment/ career - civil lawsuit - criminal prosecution/ incarceration - loss of legitimacy in community Who may suits be brought against? - Correct Answer-- officer - chief - supervisors - training officers - municipality (deep pockets) In what case law was a local government considered a "person"? - Correct Answer- Monell v Department of Social Services of NY Tennessee v Garner - Correct Answer-Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others. (Always try to give verbal warnings before using force) Deadly Force - Correct Answer-that force which, under the circumstances in which it was used, is readily capable of causing death or serious bodily injury/ permanent disfigurement Graham v Connor - Correct Answer-determined that the reasonableness of a particular use of force must be judged from the perspective of how a reasonable officer on the scene would respond, rather than from the 20/20 perspective of hindsight. 3 prong test - Correct Answer-1. severity of crime 2. immediate threat to officer or others 3. level of resistance & attempts to evade arrest *include totality of circumstances* (Anything from "Hey Stop" up to deadly force" Charged Civilly is under - Correct Answer-Title 42 US 1983 for civil rights violations Under Color of Law - Correct Answer-You have to show you are acting as an officer aka identify self or show badge In order for a civil rights violation to be charged criminally: - Correct Answer-it must show that you had WILLFUL and WANTON conduct. Purposely tried to deprive civil rights. Force is justified based upon: - Correct Answer-the Reasonable Officer standard, no 20/20 hindsight Qualified or Indemnified Immunity - Correct Answer-You respond within scope of what you are allowed to do Weapon of last resort - Correct Answer-Anything you are not trained on but that's all you have. Ex: Brick, ashtray Not a Use of Force - Correct Answer-Simply unholstering your gun or taser is not a use of force The Plus One Theory - Correct Answer-Use one level of force higher than the actor Example: Chased vehicle without light or sirens - Correct Answer-=NO IMMUNITY because you knowingly engaged in pursuit without working lights=NO QUALIFIED IMMUNITY What are the two types of relief for civil violations? - Correct Answer-Civil and Criminal Charges Post-Incident Procedures - Correct Answer-1.) Handcuff and search the actor 2.) Scene security 3.) Render First Aid (First to self, then partner, and then actor) 4.) Notify Chain of Command 5.) Brief Overview to Supervisor (Under Garrity) De-Escalate - Correct Answer-Time, Distance, Cover When you have the chance, De-escalate, there is a time and place for it. It takes 2 PEOPLE to de-escalate. 1.) Manage humans better to achieve a law enforcement objective 2.) To teach officers how to address the needs of a person in a time of crisis Reasonable Belief: - Correct Answer-the facts or circumstances the officer knows, or should know, that are such as to cause an ordinary & prudent person to act or think in a similar way under similar circumstances.