Week 8 Test

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kingleo12
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127154
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Week 8 Test
Updated:
2012-01-11 14:42:37
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legal considerations admin
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week 8 Q&A
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  1. The use of deadly force is a seizure under what amendment? (Gil 3A, Page 35)
    4th Amendment
  2. (Blank) will be determined as of the instance the force was applied: (Gil 3A, Page 36)
    • Objective Reasonableness: The
    • lawfulness of the officer's decision will turn on the facts and
    • circumstances known to the officer at the time the force was used.
  3. Municipalities lost their Sovereign Immunity in high speed pursuits based on what case law? (Gil 3A, Page 7)
    City of Pinellas Park v Brown.
  4. In Negligent Hiring cases the breech of the employer’s duty lies where? (Gil 3A, Page 15)
    Adequate background investigation and testing requirements.
  5. When an employer fails to
    investigate, discipline, retrain, reassign or terminate an employee who
    demonstrates the inability or unwillingness to perform in a competent
    manor, the employer is open to a charge of what?
    (Gil 3A, Page 15)
    Deliberate indifference and negligent retention.
  6. The establishment of a probationary
    period can be the most valuable time for the employer to evaluate
    fitness for continued employment; it reinforces what? (Gil, 3A, Page 16)
    The necessity for a performance appraisal system
  7. What do you need to prove a negligent hiring claim? (Gil 3A, Page 11)
    • Employment relationship; The
    • employee’s incompetence or predisposition; The employers actual or
    • constructive knowledge of the incompetence; The employee’s act or
    • omission causing the injury
  8. The agency has a duty to provide
    adequate and sufficient training for the completion of job tasks:
    therefore, failure to train is a custom/practice only if what? (Gil 3A,
    Page 18)
    The person who is (???????? inaudible) knows that the failure to train is deliberately indifferent.
  9. There is moral certainty that police
    officers are required to arrest felons. In order to assist this endeavor
    we issue them equipment such as guns, batons, mace, vehicles. Failure
    to ensure the officers are competent
    in the use of this equipment is what? (Gil 3A, Page 17)
  10. Negligent Entrustment
  11. An officer involved in a high speed
    pursuit has the duty not to act in a manner that is contrary to reason
    and public safety. The courts have used which of the following in
    describing what is contrary to reason and public
    safety? (Gil 3A, Page 8)
    • The training of the officer; They
    • will look at Speed; Location; Number of units involved; Type of crime
    • involved; Contrary to written policy
  12. The Fourteenth Amendment recognizes a
    protected liberty interest in bodily integrity cannot be affected or
    interfered with without due process of law. Of the factors used to
    evaluate claims of excessive force, which
    does not fall under the Fourteenth Amendment? (Gil 3A, Page 41)
    Training of the officer in policy and procedure
  13. A progressive discipline system
    should be a rigid policy system of specific offenses, steps and
    penalties. The larger the organization the more important it is to set
    forth in writing a table of specific offenses and
    the appropriate discipline, examples would be what? (Gil 3A, Page 26)
    Verbal warning, written reprimand, suspension, demotion, termination.
  14. When an employees ability to seek
    employment with a reputation which has been impaired within a
    professional community by the employer stigma can be applied, an example
    of stigma include all of the following except?
    (Gil 3A, Page 28)
    Probationary employee
  15. In employee privacy torts, which concerns police departments and employee investigations? (Gil 3A, Page 29)
    Unreasonable publication of private facts
  16. Which amendment gives people the right to be secure in their person, houses, papers, affects? (Gil 3A Page 30)
    Fourth
  17. The standard in the construction of rules, regulations and policies is what? (Gil 3A, Page 32)
    • Stands the challenge of being work
    • related and clear enough that an ordinary, intelligent employee would
    • understand the confines of his work.
  18. Freedom of association falls under
    protected speech. Which of the following would not fall under protected
    speech? (Gil 3A, Page 32 & 33)
    • If the speech is not based on strong
    • public concern (whistle blower act) and its solely critical of the
    • employing agency then the speech is not protected. Associations with
    • groups that have differing views; i.e., KKK,
    • New Nazis of America, is not protected.
  19. the only reasons for use of force
    • affect and arrest
    • prevent an escape
    • self defense
    • protection of another person
  20. a physical or mental impairment that substanstially limits one or more of the major life activities and a pattern or record of having such impairment
    disability as defined by ADA
  21. major life activities include
    • care for self
    • perforiming manual tasks
    • walking
    • seeing
    • speaking
    • breathing
    • learning
    • working
  22. 14th amendment recognizes a.......
    training of an officer in policy and proceedure does NOT fall under the 14th amendment
  23. 8th amendment cruel and unusual punishment
    NOT USED- Fleeing felon, convicted person only
  24. free and protected speach
    NOT-unprotected beliefs contrary to beliefs and philosophy contrary to law enforcement
  25. which are permitted to be regulated
    haircut jewelry hats jewelry different appearence standards between male and female....all of the above
  26. deliberate indifference
    creating a policy that insulates managment about the incomptetency of an employee??????????
  27. the person who acts under the deliberate indifference must be acting as entitty or state official to commit
    YES
  28. standard of care
    reasonable prudent person who would act under the circumstances.
  29. foreseeability
    reasonable person could predict could have or should have caused harm
  30. ADA defines disability
    mental or physical impairment that substantially limits one or more major life activities and has been labeled or established a pattern of such

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