GUIDE
The driver of an emergency vehicle may: - ANSWERS-park or stand
notwithstanding any other provision of this chapter, proceed past a red
light or stop sign only after slowing down as may be necessary for the
safe operation, exceed the max speed limit, disregard gov regulations
of direction of movement or turning
When can a police officer need not use an audible signal nor display
visual signal - ANSWERS-Obtain evidence of speeding violation,
respond to a susp. crime in progress when use of sound or lights
would not be tactical, to surveil another vehicle
Brower v. Inyo County - ANSWERS-"deadman's roadblock". Using
vehicle as deadly force an officer must weigh the reasonableness or
such measure
Scott v. Harris - ANSWERS-A police officer's attempt to terminate a
dangerous high-speed car chase that threatens the lives of innocent
bystanders does not violate the fourth amendment, even when it
places the fleeing motorist at risk of serious injury or death.
Plumhoff v. Rickard - ANSWERS-Richard's flight posed a serious
threat to public safety and the police's use of deadly force was
reasonable to end that risk
,Reed v. Medlin - ANSWERS-A checkpoint was established at the
bottom of a hill with limited visibility. Narrow shoulders and a bridge
prevented emergency escape. A logging truck struck a car, killing
Reed, when it was unable to stop in time for the checkpoint. YOU
ARE LIABLE IF YOU SET UP A DANGEROUS CHECKPOINT
Canton, Ohio v. Harris - ANSWERS-a training policy that
demonstrates deliberate indifference to the rights of persons with
whom the police contact can cause the department to be held liable
subpoena - ANSWERS-a court order requiring appearance and/or
testimony
Summons and Complaint - ANSWERS-writ or process commencing
the plaintiffs action and requiring the def. appear and answer.
Complaint is the initial pleading that starts a civil action
Court that handles civil issues of 7500 or less dollars or Landlord-
Tenant issues - ANSWERS-Magistrates Office
Court that handles civil issues more than 7500 dollars - ANSWERS-
Circuit Court of Common Pleas
Court that handles wills, estates, mental competency - ANSWERS-
Probate Court
,Court that handles domestic or family relationships, divorce or child
custody - ANSWERS-Family Court
Court that is considered the court of fairness - ANSWERS-Master in
Equity
Objective Reasonableness Standard - ANSWERS-- judged from the
perspective of a reasonable officer
- examined through the eyes of a reasonable officer on the scene at the
time the force was applied
- based on the facts and circumstances confronting the officer without
regard to the officer's underlying intent or motivation
- based on the knowledge that the officer acted properly under the
established law at the time.
Three elements that must be present for deadly force to be employed -
ANSWERS-Ability, Opportunity, Jeopardy
Historical Events occurring between 1776 and 1791 that lead to
decisions that lead to the ratification of the Constitution and the Bill
of Rights - ANSWERS-Colonists declared independence from
England, in order to create a central government without the ability to
become a tyranny. Strong versus Decentralized form of government
battle where the Bill of Rights came in.
First Amendment - ANSWERS-Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press;
, or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.
4th Amendment - ANSWERS-The right of people to be secure in their
persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or
things to be searched.
6th Amendment - ANSWERS-In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial, by an
impartial jury of the state and district wherein the crime shall have
been committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the assistance
of counsel for his defense.
14th Amendment - ANSWERS-All persons born or naturalized in the
United States and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State shall
make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due process of
law; nor deny to any person within its jurisdiction the equal protection
of the laws. This is the Due Process amendment