TLETA Test 2 Questions with 100% Correct Answers | Updated & Verified 2024, Exams of Advanced Education

Download TLETA Test 2 Questions with 100% Correct Answers | Updated & Verified 2024 and more Exams Advanced Education in PDF only on Docsity! TLETA Test 2 Questions with 100% Correct Answers | Updated & Verified 2024 Negligence - Correct Answer-Mistake/Wrong-Doing; low cost Gross Negligence - Correct Answer-Negligence + KNOWLEDGE; Moderate cost Deliberate Indifference - Correct Answer-Foreseeable (almost inevitable) negative outcome; high cost Conduct that Shocks the Conscience - Correct Answer-Blatantly immoral to the reasonable person; Thurman v. Torrington; very high cost Thurman v. Torrington - Correct Answer-Plaintiff stabbed/nearly killed as officers watched; Supreme Court found that they violated 14th Amendement b/c City police responded more slowly/made fewer arrests on DV calls made by women; country-wide shift to "shall arrest" for DV Canton v. Harris - Correct Answer-Failure to train officers for foreseeable activities is gross negligence Plaintiff's 5 Front Attack - Correct Answer-(1) Facts of Case (2) Policy (3) Training (4) Supervision (5) Discipline Immunity from TN Tort Liability removed if: - Correct Answer-(1) Injury from negligent operation of vehicle. (2) injury from defective/damaged streets, sidewalks, or traffic control devices; notice is required. (3) injury from dangerous structures [buildings, playgrounds, etc.] (4) Injury by negligence/omission by employees [if one person knows, while entity knows; report everything] Where should claims under TN Tort Act be filed? - Correct Answer-County Circuit Court where incident occurred Four Elements that Determine Liability for Negligence - Correct Answer-(1) Did you have a duty to act? (2) Did you breach this duty? (3) Was this breach of duty the proximate cause of the injury? (4) Did an injury/property damage actually occur? Public Duty Doctrine - Correct Answer-Your duty is to the public, not any one individual; gives more discreation for arrests; may not be covered for DV or "special relationships" Special Relationships - Correct Answer-When an officer or entity assured someone they will do something (like a vacation check); failure to follow thru may leave officer/entity liable Limit of Liability for a single bodily injury or death: - Correct Answer-$300,000 Limit of Liability for all bodily injuries/deaths per occurrence: - Correct Answer-$700,000 Limitation of Liability for property damage: - Correct Answer-$100,000 Personal Protections - Correct Answer-(1) Protected from loss for damages for which immunity from entity is removed (2) Protected by statutory limits since 1987 [TCA 29-20-310(c)] (3) Protected from Punitive Damages; may still be sued but will win the case Who may bring suit per 42 USC Section 1983? - Correct Answer-Any citizen or other person Who qualifies as an "other person" per 42 USC Section 1983? - Correct Answer- Anyone, including non-citizens and illegal aliens Who may be the defendant per 42 USC Section 1983? - Correct Answer-Any person acting under the color of the law (basically anyone in uniform, whether on/off duty) Monell v. NYC - Correct Answer-Expanded the definition of "person" to government agencies/entities/departments, in terms of who could be a defendant per 42 USC Section 1983 42 USC Section 1983 is also known as: - Correct Answer-The Federal Civil Rights Code Punitive Damages are: - Correct Answer-Personal penalty against an individual How is Liability divided between multiple officers in a civil rights violation case? - Correct Answer-All officers involved are equally liable unless they can demonstrate that they took no part in the violation and attempted to stop the violation in some way Conduit to the "Deep Pocket" - Correct Answer-(1) Officer action/incident (2) Written policy/rule/regulation or unwritten custom/tradition (3) Officer's Supervisor The Cycle of Abuse consists of the following: - Correct Answer-(1) Abuse occurs (2) Reconciliation/Making-Up (3) Calm (4) Tension Building Back to (1) Conditional Released is based upon: - Correct Answer-(1) Is the perpetrator a threat to the victim? (2) Is the perpetrator a threat to the public? (3) How likely is the perpetrator to appear in court if released? In DV cases, LEOs shall not: - Correct Answer-(1) Threaten, suggest, or indicate the possible arrest arrest of any/all parties involved to discourage future requests (2) Base decision to arrest on [a] consent of the victim or [b] perception of willingness of victim to participate in judicial process Domestic Assault Victims can be all of the following: - Correct Answer-Adults/minors who are current/former spouses; live or have lived together; dated or had a sexual relationship (not including fraternization at a business or social place); related by blood/adoption; related/formerly related by marriage Factors in Determining Primary Aggressor: - Correct Answer-(1) History of domestic violence (2) Relative severity of injuries (3) Evidence from persons involved (4) Likelihood of future injury to each person (5) Whether the person acted in self-defense (6) Witness testimony Don't Consider in Determining Probable Cause in a DV Case: - Correct Answer-1. Victim's wishes/requests 2. Victim's willingness to testify; 3. Marital status/race/income/sexual orientation of victim/offender 4. Victim's citizenship or ability to speak English 5. Physical/mental challenges of offender 6. Previous calls for help 7. Victim staying with/returning to abuser 9. Assumption about supposed acceptability of violence in other cultures 10. Location (public vs. private) For DV arrests, TN law requires: - Correct Answer-1. Document grounds for arrest 2. Document whether injuries were offensive/defensive 3. Evaluate each complaint separately 2 Major (Potential) Consequences of Dual Arrest: - Correct Answer-(1) Re-victimization of victim by arrest (2) Increased risk of liability from false arrest Considerations for Conditional Release: - Correct Answer-(1) Is the perpetrator a threat to the victim? (2) Is the perpetrator a threat to the public? (3) How likely is the perpetrator to return to court? Who is eligible for an Order of Protection? - Correct Answer-Victims of: domestic abuse, sexual assault, or stalking A petitioner, in terms of an Ex Parte Order, is: - Correct Answer-Someone alleging domestic abuse, sexual assault, or stalking You can make an arrest without a warrant on an Order of Protection if: - Correct Answer-1. You have verified the authenticity of the order 2. You are acting in your jurisdiction 3. Copies of an Order of Protection (and any changes/dismissals) shall go to: - Correct Answer-1. The petitioner 2. The respondent 3. Law enforcement agencies (who must update TCIC and NCIC as soon as possible) Will TN law enforcement agencies honor Orders of Protection from out-of-state/our-of- country? - Correct Answer-Yes, so long as the order has been verified to be real or appears to be real (per Good Faith) A respondent, in terms of an Ex Parte Order, is: - Correct Answer-Person alleged to have committed domestic assault, sexual abuse, or stalking; must appear in court to tell their side of the story before What classification of charge is violation of an Order of Protection? - Correct Answer- Class A Misdemeanor; consecutively with any other charges Per the Lautenberg Amendment, can LEOs convicted of DV possess a firearm? - Correct Answer-No and this law applied retroactively (offenses committed before the law was enacted bar convicted LEO of firearm possession) What was the outcome of TN v. Castleman? - Correct Answer-The TN statute of domestic abuse calls under the federal definition of domestic violence, thus barring those convicted of the TN statute from possessing firearms. 3 Things which must be offered to the victim of a domestic assault: - Correct Answer-1) Transport to a safe location 2) Information about community shelters 3) Advised on their rights as victims Strangulation is classified as: - Correct Answer-A Class "C" Felony; Aggravated Assault A suspect gives you ____________; a victim gives you ________________. - Correct Answer-A moment; their history Does probable cause expire? - Correct Answer-Only after the statute of limitations What are the specification of TCA 36-3-619, regarding "Preferred Arrest Procedures"? - Correct Answer-1) Arrest is the preferred response to the primary aggressor and shall be done unless their is a compelling (and documented) reason not to. 2) If a primary aggressor cannot be determined, it is up to the officer's discretion to arrest one of the other, both parties, or no parties. 5. What was the officer's legitimate anxiety level? What are other factors the court looks at to determine reasonableness? - Correct Answer-Relative strength/size, access to weapons, Officer injury/exhaustion, suspect drug use, suspect's history of violence, the number of people involved, availability of backup, reaction time, and the suspect's fighting ability According to TCA 39-11-611 (Self-Defense), How may TN residents respond to an immediate threat? - Correct Answer-1) They have no duty to retreat 2) They may respond with reasonable force to negate the unlawful force used against them What factors are irrelevant in the determination of whether force used violated the 4th Amendment? - Correct Answer-- Department Policy - Facts unknown to officer - Officer's intent - Minimum amount of force that could have been used Do TN residents have the right to defend others? - Correct Answer-Yes, IF: the other person would have the right to defend them self and the threat is immediate/ongoing What 3 requirements must be met for LEOs to use deadly force (per TCA 39-11-620)? - Correct Answer-1) No other means of arrest 2) You identify and warn of your actions if it's feasible to do so AND 3a) You have probable cause to believe the individual has committed/threatened to commit a violent felony OR 3b) You have probable cause to believe the individual poses a serious bodily threat to you/the public Bodily injury is defined as: - Correct Answer-A cut, abrasion, bruise, burn/disfigurement, or temporary illness/impairment of the bodily functions or organs Serious bodily injury is: - Correct Answer-An injury which poses a substantial risk of death, protracted unconscious, causes extreme pain, obvious disfigurement, or loss/substantial impairment of bodily functions/organs, or broken bones in children 12 or younger Significance of Johnson v. Nashville - Correct Answer-1. Courts recognized reaction time as a factor to self-defense/Use-of-force 2. Determined a different standard for negligence between normal circumstances and emergencies Significance of TN v. Carrier - Correct Answer-1. In determining recklessness, the court looks at the defendant's point of view 2. Did not allow Carrier to divert sentence or have probation as a way of showing officers they would be held accountable for their decisions/mistakes 3. Determines Carrier was criminally liable for unholstering his weapon for no reason, keeping his finger on the trigger against his training, and firing warning shots (which was also prohibited) Significance of TN v. Garner - Correct Answer-1. Did away with old "Fleeing Felon" law 2. Found that use of deadly force against an unarmed, non-violent felon (in spite fleeing) violated the felon's 4th Amendment rights as an unreasonable seizure (of life) What is a status offense? - Correct Answer-An action that is prohibited only a to a certain group of people (i.e. minors and curfew) What is the purpose of juvenile justice? - Correct Answer-Rehabilitation Under what circumstances may a juvenile be taken into custody? - Correct Answer-1) Order of the Court 2) Dependent/Negligent 3) Runaway 4) Laws of Arrest Constitutional rights afforded to all citizens/adults apply to juveniles under what circumstances? - Correct Answer-All circumstances (same rights all the time for every situation) What level of suspicion does an SRO/TLO who IS an official of the school need to search a student on school grounds? - Correct Answer-Reasonable suspicion What level of suspicion does an SRO or other law enforcement need to search a student on school grounds? - Correct Answer-Probable Cause May juveniles be interviewed without parents/parental consent? - Correct Answer-Yes, but validity is gauged by totality of circumstances and parental consent is encouraged