As to the 4th amendment requirement of probable cause before law enforcement con
ID: 463456 • Letter: A
Question
As to the 4th amendment requirement of probable cause before law enforcement conduct a search:
A. Can be waived by the owner of the location if it is voluntary and knowing act.
B. There is a lesser standard to search on the border of the country
C. Is not applicable in prison searches of inmate cells.
D. All of the answers provided to this question are correct
As to the 4th amendment requirement of probable cause
A. It is relaxed when police use ERU’s
B. It is relaxed when the police are raiding a drug house
C. Is not needed when police are searching a cell phone
D. None of the answers provided for this question are correct
As to handling a situation with a suspected drunk driver, a roadside stop that reveals that the driver is drunk and the roadside officer exercises their discretion and does not make an arrest and allows the driver to leave the scene in their case and later crashes into other drivers, causing damages:
A. The road officer was exercising their discretion in NOT making an arrest for DUI and thus could not be liable for the damages
B. All states have rejected the “public duty” theory to attach liability to the law enforcement officer for letting a drunk driver leave the scene by driving away in their vehicle
C. There are disagreements between the states as to the degree of ‘duty’ owed to the public by the law enforcement officer in this case, so liability could attach to the law enforcement officer’s conduct
D. None of the provided answers to this question are correct
Negligence actions against a law enforcement officer is a question of fact, but never a question of law, as the law enforcement officer is certified and licensed by the state or governmental agency
A. True
B. False
Courts construe a defendant’s contributory conduct as a mixed question of fact and law
A. True
B. False
Where a police officer has actual or constructive knowledge of a potentially dangerous condition and that officer fails to take reasonable action to correct the existing hazard, civil liability may be imposed.
A. True
B. False
In all theories of recovery, a plaintiff in an employment discrimination cases against their law enforcement employer must always prove intent by the employer to discriminate
A. True
B. False
The Civil Rights Act of 1964 prevents a law enforcement agency from discriminating on the basis of an employee’s age
A. True
B. False
A. It is relaxed when police use ERU’s
B. It is relaxed when the police are raiding a drug house
C. Is not needed when police are searching a cell phone
D. None of the answers provided for this question are correct
As to handling a situation with a suspected drunk driver, a roadside stop that reveals that the driver is drunk and the roadside officer exercises their discretion and does not make an arrest and allows the driver to leave the scene in their case and later crashes into other drivers, causing damages:
A. The road officer was exercising their discretion in NOT making an arrest for DUI and thus could not be liable for the damages
B. All states have rejected the “public duty” theory to attach liability to the law enforcement officer for letting a drunk driver leave the scene by driving away in their vehicle
C. There are disagreements between the states as to the degree of ‘duty’ owed to the public by the law enforcement officer in this case, so liability could attach to the law enforcement officer’s conduct
D. None of the provided answers to this question are correct
Negligence actions against a law enforcement officer is a question of fact, but never a question of law, as the law enforcement officer is certified and licensed by the state or governmental agency
A. True
B. False
Courts construe a defendant’s contributory conduct as a mixed question of fact and law
A. True
B. False
Where a police officer has actual or constructive knowledge of a potentially dangerous condition and that officer fails to take reasonable action to correct the existing hazard, civil liability may be imposed.
A. True
B. False
In all theories of recovery, a plaintiff in an employment discrimination cases against their law enforcement employer must always prove intent by the employer to discriminate
A. True
B. False
The Civil Rights Act of 1964 prevents a law enforcement agency from discriminating on the basis of an employee’s age
A. True
B. False
Explanation / Answer
As to the 4th amendment requirement of probable cause before law enforcement conduct a search
The correct answer is D. All options
A. Can be waived by the owner of the location if it is voluntary and knowing act.: Consent search exception
B. There is a lesser standard to search on the border of the country: Border search exception. It is actually requirement for generating warrant.
C. Prison search doesnot need warrant
As to the 4th amendment requirement of probable cause
The correct option is D. None of the above options is correct as all need search warrants as all searches are unreasonable and intrude privacy unless there is probable cause and information to do the search.
As to handling a situation with a suspected drunk driver, a roadside stop that reveals that the driver is drunk and the roadside officer exercises their discretion and does not make an arrest and allows the driver to leave the scene in their case and later crashes into other drivers, causing damages
The correct option is C. There are disagreements between the states as to the degree of ‘duty’ owed to the public by the law enforcement officer in this case, so liability could attach to the law enforcement officer’s conduct
Negligence actions against a law enforcement officer is a question of fact, but never a question of law, as the law enforcement officer is certified and licensed by the state or governmental agency
The answer is True
Courts construe a defendant’s contributory conduct as a mixed question of fact and law
True
Where a police officer has actual or constructive knowledge of a potentially dangerous condition and that officer fails to take reasonable action to correct the existing hazard, civil liability may be imposed.
True
In all theories of recovery, a plaintiff in an employment discrimination cases against their law enforcement employer must always prove intent by the employer to discriminate.
True
The Civil Rights Act of 1964 prevents a law enforcement agency from discriminating on the basis of an employee’s age
False. Age Discrimination act of 1975 prohibits it, not civil rights act.
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