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Question
Heightening the possibility of a successful Bivens action requires the plaintiff to prove that: (1) an officer was acting under the color of the law; and (2): that the officer:a. willfully neglected the request of a private citizen for help because of having to prioritize other calls for service.
b. used reasonable force to arrest but nonetheless injured the person.
c. deprived that person of a constitutional right.
d. produced an observable physical injury to the claimant.
Answer
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Related questions
Q:
The Federal Tort Claims Act:a. waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers.b. allows citizens to submit their damage claims resulting from constitutional torts to a panel charged with deciding if the claim should be paid.c. upholds the government's sovereign immunity from lawsuit.d. only allows lawsuits against the individual officers involved.
Q:
Which of the following acts is statistically the single greatest cause of injury to women in America?a. Homicide by strangers b. Domestic violencec. Drinking and driving d. Sexual assault
Q:
Research about the effectiveness of civilian review boards shows that:
a. they are very effective in investigating police misconduct.
b. civilians are not well equipped to evaluate police misconduct.
c. it is difficult to measure their effectiveness.
d. most large cities do not use civilian review, therefore data is lacking.
Q:
The major objection to internal review of police misconduct is:
a. police officers do not trust the officers conducting the investigation of misconduct.
b. a police department has to divert resources away from fighting crime.
c. the police should not be policing themselves.
d. external review is less expensive and better received by the media.
Q:
Bivensactions are:
a. constitutional tort actions against federal officers.
b. prohibited against officials who act under color of authority.
c. do not have to show unreasonable legal action by the defendants.
d. banned against federal officials.
Q:
U.S. v. Leon (1984) was a U.S. Supreme Court opinion that narrowed the good faith exception.a. Trueb. False
Q:
Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.a. Trueb. False
Q:
Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a minuscule number of cases.
a. True
b. False
Q:
Today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence.
a. True
b. False
Q:
The text refers to __________ as police actions and procedures that violate any of the five constitutional rights.a. bad evidence b. bad methods c. good methodsd. good evidence
Q:
According to the Supreme Court opinion in Herring v. U.S. (2009), involving a search pursuant to an active arrest warrant that was later discovered to have been recalled several months earlier:
a. evidence obtained by officers who honestly believe they are acting lawfully is admissible.
b. the good faith of officers is irrelevant to the determination whether or not to exclude evidence.
c. all evidence seized pursuant to a search not based on probable cause must be excluded.
d. the evidence seized pursuant to the search is admissible if the police acted objectively, in reasonably good faith and the error in record keeping was negligent but not reckless
Q:
According to the Supreme Court opinion in Mapp v. Ohio(1961), involving a police search for a bombing suspect:
a. only a handful of states had adopted the exclusionary rule by legislation or judicial opinion.
b. the exclusionary rule applies to the states through the Fourteenth Amendment due process clause.
c. whether states had adopted the exclusionary rule was irrelevant in deciding whether that rule applies to the states through the Fourteenth Amendment due process clause.
d. the police may not seize evidence relating to pornography when they are looking for a bombing suspect.
Q:
The Supreme Court's decision in Weeks v. U.S.in 1914 is significant because it:a. began the Fourth Amendment's annexation of the exclusionary rule.b. held that the exclusionary rule applies to state court criminal proceedings.c. recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.d. permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Q:
Which of the following is NOT a potential negative consequence of the exclusionary rule?
a. Fostering false testimony by police officers
b. Court delay
c. Diversion of resources from suppression hearings to appeal trials
d. Encouragement of plea bargaining
Q:
The _______ justification stems from an ancient legal saying, "There's no right without a remedy."
Q:
__________is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.
Q:
Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S. Supreme Court. Identify and describe the five circumstances in the totality of circumstances due process test you identified.
Q:
The right to remain silent can be traced back in history to the:
a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
Q:
In screening the police procedures that are used during the accusatory stage of the criminal process, the courts recognize:
a. the needs of law enforcement and the privacy and liberty interests of individual citizens.
b. the need to have standard procedures for investigating crimes
c. the interests of crime victims
d. the need to make an expeditious arrest
Q:
There are clear statistics indicating the number of false confessions per year.
a. True
b. False
Q:
Identify the special need for searches of prisoners and discuss prisoners' expectation of privacy.
Q:
The safety and security of travelers are the special needs that justify __________________searches.
Q:
Probationers and parolees have diminished Fourth Amendment rights.
a. True
b. False
Q:
The Supreme Court has ruled that inventory searches are not Fourth Amendment searches.
a. True
b. False
Q:
The Supreme Court has not applied the Fourth Amendment to "special needs" that aren"t directly related to criminal law enforcement.a. Trueb. False
Q:
DNA testing of incarcerated felons:
a. has been declared unconstitutional by the courts that have considered it.
b. has been found to be constitutional by the U.S. Supreme Court.
c. has been found to be constitutional by the courts of appeal that have considered it.
d. has not yet been addressed in any court opinions.
Q:
The Supreme Court in Ferguson v. City of Charleston (2001), involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that the:a. warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment.b. searches do not violate the Fourth Amendment because the incidence of cocaine use among pregnant women has created a special need.c. searches do not violate the Fourth Amendment if doctors suspect the mother is using cocaine.d. searches violate the Fourth Amendment because they are conducted by health care professionals and not law enforcement.
Q:
The need for prison and jail security permits searches without probable cause or a warrant of:a. prisoners and pretrial detainees.b. prisoners, pretrial detainees, and visitors to the prison. c. only prisoners.d. prisoners, pretrial detainees, employees of the prison, and visitors to the prison.
Q:
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such a search is:
a. constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security.
b. constitutional, because prisoners forfeit all Fourth Amendment rights.
c. unconstitutional, unless prison officials have reasonable suspicion to think they will find contraband or evidence of a crime on Frank.
d. unconstitutional, unless prison officials have probable cause to think they will find contraband or evidence of a crime on Frank.
Q:
In determining the reasonableness of airport searches, courts have:
a. not ruled on this matter.
b. held they entail minimal intrusions that apply to all passengers.
c. considered them to be private searches.
d. held that airports may conduct such searches to protect public safety, but the fruits of the searches are inadmissible at a criminal trial.