Law Enforcement and Security Legislation Quiz

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Questions and Answers

Which legislation was enacted to address air transportation security due to hijacking during the 1970s?

Federal Aviation Safety Act

Transportation Security Act

Act to Combat International Terrorism

Omnibus Diplomatic Security and Anti-Terrorism Act (correct)

What does the term 'Blue Wall of Silence' refer to in the context of policing?

A culture of silence among officers regarding misconduct (correct)

A statute governing police accountability

Pressure on officers to report misconduct

Transparency in police investigations

What is a major challenge in preventing police corruption according to the discussed strategies?

Strong community support for police

Ineffective personnel recruitment processes (correct)

High rates of public reporting

Availability of resources for training

Which of the following acts made acts of terrorism against Americans a federal crime?

Omnibus Diplomatic Security and Anti-Terrorism Act Signup and view all the answers

What was a significant external factor in law enforcement's approach to terrorism post-9/11?

Adaptation of prior legislative frameworks from the 1980s and 1990s Signup and view all the answers

Which term describes the official writing of laws approved by a legislative body?

Codification of Laws Signup and view all the answers

What standard of proof requires that a reasonable person believes a crime has been committed?

Probable Cause Signup and view all the answers

What term refers to the right of law enforcement to question individuals about their identity?

Common Law Right of Inquiry Signup and view all the answers

Which of the following offenses has a punishment of more than one year in prison?

Felony Signup and view all the answers

Under what condition can a police officer make an arrest for a violation?

If the offense is observed directly Signup and view all the answers

What is the term for the area where a police officer has jurisdiction and arrest powers?

Geographic Area of Employment (GAOE) Signup and view all the answers

What amendment guarantees the right to assemble and speak freely?

1st Amendment Signup and view all the answers

What describes the police officer's authority to arrest for a felony?

Can arrest anywhere in New York State based on probable cause Signup and view all the answers

What was the primary focus of the Anti-Terrorism and Effective Death Penalty Act of 1996?

Providing mechanisms to sue foreign governments supporting terrorism Signup and view all the answers

What significant event occurred on September 11, 2001?

The attacks on the World Trade Center, Pentagon, and Pennsylvania Signup and view all the answers

Which agency was primarily created to prevent terrorist attacks within the United States post-9/11?

Department of Homeland Security Signup and view all the answers

What does the USA PATRIOT Act allow law enforcement agents to do?

Use existing tools to investigate organized crime and drug trafficking Signup and view all the answers

What was established on October 11, 2001, as a response to terrorist threats?

The Office of Homeland Security Signup and view all the answers

How does the USA PATRIOT Act facilitate law enforcement investigations?

By permitting the use of roving wiretaps for surveillance Signup and view all the answers

Which of the following agencies was NOT unified under the Department of Homeland Security?

Department of Justice Signup and view all the answers

What was a significant change at the policy level following the establishment of the Department of Homeland Security?

A more coordinated approach to combat terrorism Signup and view all the answers

What is a significant challenge in ensuring proper police accountability?

Honest police officers not coming forward Signup and view all the answers

Which component is essential for preventing police corruption?

Competent and effective supervisors Signup and view all the answers

What legislative act made actions against Americans classified as terrorism a federal crime?

Omnibus Diplomatic Security and Anti-Terrorism Act Signup and view all the answers

What was a significant outcome of the 1986 retaliatory actions against Libya for the bombing of a U.S. flight?

Increased international cooperation against terrorism Signup and view all the answers

How are integrity tests used in law enforcement aimed at preventing corruption?

Targeting suspected officers and random officers alike Signup and view all the answers

Which standard of proof is required for a conviction in a criminal trial?

Beyond a reasonable doubt Signup and view all the answers

Under which circumstance can a police officer arrest a suspect for a misdemeanor?

Based on probable cause Signup and view all the answers

What defines a felony in the context of law enforcement?

An offense punishable by more than one year in prison Signup and view all the answers

What is the primary purpose of the codification of laws?

To provide an official written record approved by the government Signup and view all the answers

Which amendment guarantees the right to free speech?

1st Amendment Signup and view all the answers

When can a police officer make an arrest for a violation?

Upon observing the offense Signup and view all the answers

What does 'mere suspicion' refer to in legal terms?

A gut instinct or unformed idea of illegality Signup and view all the answers

What is the Geographic Area of Employment (GAOE) for a police officer?

The area where the officer has jurisdiction to act Signup and view all the answers

What was the primary mission of the Department of Homeland Security after its establishment?

To prevent terrorist attacks within the United States Signup and view all the answers

Which of the following powers does the USA PATRIOT Act provide to federal agents?

Roving wiretaps that monitor individuals across all devices Signup and view all the answers

What significant legal change did the Anti-Terrorism and Effective Death Penalty Act of 1996 bring about?

It established terrorism as a federal crime Signup and view all the answers

What event triggered the creation of the Office of Homeland Security in 2001?

The attacks on the World Trade Center and Pentagon Signup and view all the answers

Which agency was formerly known as the US Coast Guard under the Treasury Department before the establishment of the Department of Homeland Security?

Immigration and Customs Enforcement Signup and view all the answers

Which of the following was a direct consequence of the 9/11 attacks on U.S. policy?

Reorganization of law enforcement agencies into the Department of Homeland Security Signup and view all the answers

What type of investigations does the USA PATRIOT Act specifically facilitate?

National security terrorism cases and organized crime Signup and view all the answers

How did the Anti-Terrorism and Effective Death Penalty Act of 1996 impact the characterization of foreign terrorists?

It categorized them as enemy aliens Signup and view all the answers

What is the main difference between reasonable suspicion and probable cause?

Reasonable suspicion requires a lower level of certainty than probable cause. Signup and view all the answers

The ______ is an example of an Early Intervention System used by the NYPD.

COMPSTAT Signup and view all the answers

What is the primary reason for creating the Department of Homeland Security?

The primary mission of the Department of Homeland Security is to prevent terrorist attacks within and against the United States. They are also tasked with reducing the vulnerability of the US to terrorism at home, minimizing damage if an attack occurs, and assisting with recovery efforts. Signup and view all the answers

Which of these is NOT a type of force used by police officers?

Psychological force Signup and view all the answers

The Patriot Act was created in response to the Oklahoma City bombing in 1995.

False Signup and view all the answers

Which of the following is NOT a way to hold police accountable?

Public opinion polls Signup and view all the answers

What are some examples of crimes that are likely to be committed by terrorists?

Some examples of crimes that are likely to be committed by terrorists include: acts of violence against individuals or property, using weapons of mass destruction, cyber attacks, harboring terrorists, and financing terrorism. Each of these crimes can pose a significant threat to public safety. Signup and view all the answers

Which of these is a major challenge to police-community relations?

All of the above Signup and view all the answers

Study Notes

Policing and the Law

English Common Law was used in the early United States until codified laws.
Codification of laws is the official writing of laws by a federal or state body, listing possible punishments.
Laws are typically introduced and voted on by the legislative branch of government.

Standards of Proof

Probable Cause/Reasonable Cause to Believe: Probability that a person committed an offense, based on evidence like witness statements.
Reasonable Suspicion: Based on specific, articulable facts that suggest a crime has, is, or will be committed.
Common Law Right of Inquiry: Right to ask questions about identity or other information, but person is free to leave or not answer.
Mere Suspicion: Unproved/unformed idea that a person is involved in illegality (gut instinct).
Beyond a Reasonable Doubt: Trial standard—no doubt a reasonable person believes the specific person(s) committed a crime.

Crimes

Felony: Any offense punishable by more than one year in prison.
Misdemeanor: Any offense punishable by up to one year in jail (not Traffic Violations).
Violation/Petty Offense: Any offense punishable by less than 15 days in jail.

PO Arrest Powers

Make arrests based only on probable cause (NYS CPL 140).
Felony/Misdemeanor arrests can occur anywhere within the state, and may include close pursuit to another state.

Violation (PO Arrest Powers)

Must be observed within the Geographic Area of Employment (GAOE) —within 100 yards—and probable cause for the offense is needed.
Arrest can occur in the commission county or adjoining county.
If pursuit starts in commission county or adjoining county, then close pursuit possible anywhere in the state.
Citizen committing a felony: In fact committed and in the presence of the officer.

US Amendments Affecting Policing

1st Amendment: Right to religion, assembly, speech (some limitations/unprotected speech).
4th Amendment: Search and Seizure.
5th Amendment: Self-incrimination, due process, double jeopardy, grand jury (Miranda Rights).
6th Amendment: Right to counsel (confront witnesses, jury of peers, speedy trial).
8th Amendment: No excessive bail, no cruel and unusual punishment.
14th Amendment: Applied Bill of Rights to states, due process clause.

4th Amendment Exceptions (Warrantless Searches)

Consent: Voluntary, party giving consent must be of age and must have control over the area. Both parties present must consent.
Plain View: Officer sees an object in plain view, and has probable cause that the object is evidence.

Curtilage and Open Fields

Curtilage: Protected areas immediately surrounding a home, but not air above the area. The area immediately around a home is protected.
Open Fields: Pastures, open water, woods- Not protected, and no reasonable expectation of privacy.

Motor Vehicle

Reduced expectation of privacy due to mobility.
PO can search any area of the vehicle if there is probable cause evidence is present (not passenger compartments).
Open locked containers if probable cause (evidence) is present; if a person in the car is arrested, the grabbable area can be searched, if necessary.

Search Incidental to Arrest

Preventing destruction of evidence or weapons use against PO.
Can search immediate area of control at time of arrest.

Famous Supreme Court Cases

Tennessee v. Garner (4th Amendment): Law Enforcement (L/E) pursuing a fleeing suspect (felon). L/E may use deadly force to prevent escape if there is probable cause the suspect poses a significant threat to the officer or others. If the suspect flees or forcibly resists arrest, LE may use all necessary means to affect the arrest.

Family Sued under Civil Rights Act

District Court ruled statute constitutional.
6th Circuit reversed- killing of subjects is a seizure under the 4th Amendment.
Tennessee statute failed to limit use of deadly force (DPF) when serious felony possible.
US Supreme Court ruled 6-3 in favor of the Court of Appeals decision, and concurred that DFP is the most intrusive type of seizure.

Mapp v. Ohio (1961)

Evidence obtained in violation of the 4th Amendment cannot be used in criminal prosecutions (Exclusionary Rule).
Ohio Court of Appeals affirmed decision; Supreme Court of Ohio stated evidence different in taking from person or from a suspect’s home.
US Supreme Court overruled (applied exclusionary rule already against Feds to states).

Terry v. Ohio (1968)

Unreasonable search is not violated when a PO stops a suspect on the street if reasonable suspicion that a crime has been/is being/will be committed, and reasonable belief the person may be armed.
Reasonable suspicion (less than probable cause) must be based on specific and articulable facts.
PO protection- pat down the outer clothing for weapons.

Use of Force

PO may use force they reasonably believe necessary for an arrest or to protect themselves, or another; excessive or reckless force not allowed.
Physical Force: anything less than deadly physical force.
Deadly Physical Force (DPF): any force physical or with a weapon that is readily capable of causing serious physical injury or death; the legal standard of reasonableness and probable cause determine use.
Physical injury: results in substantial pain or impairment of health.
Serious physical injury: risk of death or causes significant and protracted disfigurement, or impairment of function of any bodily organ.

Stages of the use of DPF

Prevent/Terminate: Prevention of something from happening (e.g., termination of an act from happening); use of DPF to avoid future harm.
Arrest/Preventing Escape: when the crime has occurred/is being committed, and an arrest is necessary to take place, and is based on probable cause DPF necessary to arrest in this situation.

Different Authorities (prevent/terminate & arrest/prevent escape)

PO and civilians have different amounts of authority; civilans must retreat unless ordered to stay by PO
Arrest/Prevent Escape: civilian probable cause necessary to arrest for murder, robbery, manslaughter, rape and criminal sexual act (forcible crime). Suspect in immediate flight.

Police Officers Use of Force

Probable cause a needed to arrest a suspect/subject who commits or attempts to commit a felony, where force/attempted force is being used against a person, or is imminent.

Use of Force Considerations

Reasonableness (Graham v. Connor); probable cause that DFP is necessary for the situation. The legal system must decide if any reasonable officer, given all facts/circumstances, would have used DPF in the same situation.

Presence and Verbal Commands, Empty Hand Control, & Impact/Chemical and Deadly Physical Force

Police Presence & Verbal Commands;
Empty Hand Controls: grasps, holds, restraints, punches, kicks
Impact & Chemical Weapons: blunt impacts, chemical and conductive energy devices
Deadly Physical Force: firearm, impact strikes to lethal areas, chokeholds