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UPTP Test 2 || solved correctly.
5 Steps of the OPSEC Process correct answers 1. Identification of Critical Information
- Analysis of Threat
- Analysis of Vulnerability
- Assessment of Risks
- Application of Countermeasures Identification of Critical Information correct answers Step 1 of OPSEC process Define information of protection & analyze how that information may be inadvertantly compromised Essential Elements of Friendly Information (EEFI) correct answers Aspects that, if known by the adversary, would subsequently lead to failure, or limit the success of the operation Mission-Sensitive Information correct answers current operations, suspects, informants, warrants, location of operations, surveillance Analysis of the Threat correct answers Step 2 of OPSEC process. 2 elements of asuming adversary's perspective: intent & capability Adversary correct answers Anyone who opposes, or acts against, law enforcement's interests Ways Adversaries Gather Information correct answers electronic communications, imagery, trash, open source, human, computer accessing Analysis of Vulnerability correct answers Step 3 of OPSEC process. Enables identification of indicators that could be exploited
Assessment of Risks correct answers Step 4 of OPSEC process. Analysis of threat, vulnerability, and impact in order to resopnd based on priority Application of Countermeasures correct answers Step 5 of OPSEC process. Anything that effectively negates an adversary's ability to exploit vulnerabilities Agency-Wide Countermeasures correct answers procedural changes, deception, background checks, physical security, perception management, speed of execution, stopping the mission, training and awareness Individual Countermeasures correct answers limiting web page access, shredding sensitive documents, sanitizing bulletin boards, monitoring public conversations, not using email to discuss sensitive operations Top 3 Factors for LE Vehicle Accident Deaths correct answers 1. Distracted driving
- Not wearing seat belts
- Multi-tasking Types of Distractions correct answers Visual, Manual, Cognitive, combination Visual Distractions correct answers street signs, pedestrians, moving or parked vehicles, controls in the car Manual Distractions correct answers adjust radio, eat, groom, talk/text on cellphone LE-Specific Distractions correct answers duty-imposed, technological, culture/mindset 5 Basic Tenents of Below 100 Initiative correct answers 1. Wear your belt
Parties in a Civil Case correct answers Plaintiff (injured party) and defendant (wrongdoer) Title 18 USC 241 correct answers "Conspiracy Against Rights" allows federal government to prosecute anyone, including federal, state, and local LEOs, who conspire to violate a person's civil rights Title 18 USC 242 correct answers "Deprivation of Rights Under Color of Law" empowers federal government to prosecute federal, state, and local LEOs who, under the mantel of their official authority, intentionally violate the civil rights of prisoners, suspects, or other persons "Under Color of Law" correct answers misuse of power, possessed by virtue of law and made possible only because the wrongdoer is clothed with the authority of law Willfully correct answers implies not merely the conscious purpose to do wrong, but the intent to deprive a person of a right which has been made specific either by the terms of the constitution or federal law, or by court decisions interpreting them Bivens vs Six Unknown Named Agents of the Federal Bureau of Nacotics correct answers made it so that a person whose civil rights were violated by a federal officer or agent was able to sue them in federal court "Arguable" Probable Cause correct answers whether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a reasonable, prudent, cautious officer in believing that the person arrested had committed or was committing an offense Suits that Use Arguable PC correct answers unlawful arrest suit and unlawful search warrant suit
Franks vs Delaware correct answers Supreme Court held that a LEO violates the 4th if, in order to obtain a search warrant, he perjures himself or testifies in reckless disregard of the truth also applies when LEO intentionally or recklessly ommits material facts Common Bivens Actions correct answers 1. arrests & searches without PC
- knowingly submitting false/misleading affadavits for warrants
- 4th amendment excessive force claims
- failure to intervene Failure to Intervene correct answers LEO has an affirmative duty to intercede on behalf of a person whose constitutional rights are being violated in his presense by other officers. Failure to do so could result in Bivens Action Common Intentional Torts Committed Against Persons correct answers battery, assault, false imprisonment, false arrest, intentional infliction of emotional distress Common Intentional Torts Committed Against Property correct answers trespass to land, trespass to chattels, conversion FTCA correct answers Federal Tort Claims Act FTCA Effect correct answers makes US liable under local law of the place where the tort occurs for the negligent or wrongful acts or ommissions of federal employees within the scope of their employment in the same manner and to the same extent as a private individual under like circumstances FTCA Purposes correct answers 1. provide persons injured by the torts of federal employees with an appropriate remedy against the US (a waiver of sovereign immunity)
- to protect federal employees from personal liability for torts committed within the scope of the employment (absolute immunity)
if plaintiff has been negligent, and that negligence is a cause of plaintiff's damages, then, depending on the law of the state where the incident occurs, the plaintiff may be prevented from recovering anything against the defendant or may have the recovery apportioned according to the degree of culpability of each Intentional Tort Defenses correct answers consent, self-defense & defense of others, necessity Consent Defense correct answers intentional tort defense knowing & voluntary consent by plaintiff will bar recovery against defendant assuming the defendant's actions were within the bounds/scope of the consent Self-Defense & Defense of Other Defense correct answers intentional tort defense reasonable force may be used to defend against harmful or offensive bodily contact Necessity Defense correct answers intentional tort defense A defendant who acts to prevent a threatented injury from source of nature, or other cause, independent of the defendant is acting under necessity. Such a defendant may not be liable for a lesser harm committed to prevent or avoid a greater harm Exclusions to Definition of Firearm correct answers antique firearms (<1899), air-powered weapons, black powder weapons, authentic replicas of antique firearms Commerce Clause correct answers constitutional anchor for firearms offenses Persons Prohibited from Possessing Firearms correct answers convicted felons, fugitives from justice, drug users/addicts, persons adjudicated mentally defective, illegal aliens, persons with dishonorable discharge, renounced US citizenship, domestic relations restraining orders, misdemeanor crimes of domestic violence Mandatory Enhanced Penalties for Firearms Offenses correct answers Possession - at least 5 years
Brandishing - at least 7 years Discharging - at least 10 years (during commission of a felony) Weapons Required to be Registered with ATF correct answers short-barrel shotgun, short-barrel rifle, machine guns, silencers/mufflers, destructive devices Information Necessary to Initiate a Firearms Trace correct answers make, model, serial number, caliber/gauge Title 18 USC 930 correct answers unlawful to knowingly possess or cause to be presented a firearm or "other dangerous weapon" in a "federal facility" Title 18 USC 1001 correct answers 1. defendant
- regulating certain federal matters
- knowingly & willfully
- made a false material statement, or;
- concealed or covered up a material fact, or;
- made or used a document containing a false material statement Elements of Theft correct answers 1. knowingly, intentionally, & voluntarily
- stole property belonging to the US
- with intent to deprive US of use or benefit of it Elements of Embezzlement correct answers 1. knowingly, intentionally, & volunatrily
- embezzled property belonging to the US
- with intent to deprive US of use or benefit of it
Katz Analysis/Reasonable Expectation of Privacy correct answers 1. indiviual must have exhibited an actual expectation of privacy
- that expectation must be one that society is prepared to recognize as reasonable Common-law Trespass Analysis correct answers physical intrusion into one of the four constitutionally protected areas: houses, papers, persons, & effects Facts Used to Determine Curtilage correct answers proximity to home itself, inclusion to home by enclosure, use of area, steps taken to protect it from passerby's view Seizure (person) correct answers reasonable person would not feel free to leave or otherwise terminate the encounter Seizure (property) correct answers some meaningful government interference with an individual's possessory interests in that property Types of Police-Citizen Encounters correct answers 1. consensual
- investigate (detention/Terry Stop)
- arrest Justification for a Terry Stop correct answers reasonable, articulable suspicion that criminal activity is afoot, and the person detained is somehow involved Plain Touch Doctrine Requirements correct answers 1. Frisk leading to discovery had to be lawful
- Incriminating nature must be immediately apparent without manipulation Terry Frisk Extension correct answers if reasonable suspicion that a passenger or driver of a vehicle is dangerous and has immediate control of a weapon, the officer can frisk the entire passenger compartment and any open containers in it
Whren vs. United States correct answers protects against insidious use of irrelevant individual characteristics Aguilar Test correct answers used to determine if information provided by CI establishes PC:
- credibility of informant
- basis of knowledge no longer used Exclusionary Rule correct answers evidence detained as a result of unlawful search/seizure is inadmissable in criminal trials Fruit of the Poisonous Tree Doctrine correct answers Evidence which indirectly derives from information learned illegally is also inadmissable in criminal trials Exceptions to the Exclusionary Rule correct answers no standing to object, impeachment, good faith, inevitable discovery, civil trial Plain View Seizure Doctrine Requirements correct answers 1. lawful position of observation
- incriminating nature of item must be immediately apparent
- lawful right of access to object itself Arrest Warrant Requirements correct answers 1. probable cause
- arresst authority
- lawful right of access to the subject Sources of Arrest Authority correct answers statutory authority, peace officer status, citizen's arrest authority
- "substantially contemporaneous" with arrest
- area must be currently accessible by the arrestee Scope of SIA correct answers person of the arrestee and the area within his/her "immediate control" SIA Vehicle Search correct answers 1. arrestee close to vehicle & can readily access passenger compartment, or;
- when it's reasonable to believe the vehicle contains evidence of the crime of arrest Exigent Circumstances correct answers 1. hot pursuit
- destruction or removal of evidence
- emergency scene Hot Pursuit correct answers probable cause, serious crime, immediate or continuous pursuit, from a public place, probable cause to believe suspect is in residence Emergency Scene correct answers 1. objectively reasonable grounds to believe there is an emergency that requires immediate assistance
- reasonable basis, approximating PC, to associate emergency scene with area to be searched Inventory Requirements correct answers 1. lawful impoundment based upon PC or LE's "community caretaking" function
- agency must have standardized policy & officers must know & follow it
