Officer Liability and Federal Court Procedures Practice Flashcards

A comprehensive set of vocabulary flashcards covering law enforcement liability, courtroom procedures, evidence, controlled substances, human trafficking, physical security, IEDs, UAS threats, and WMD response based on federal training materials.

Constitutional Torts

Torts based upon violations of the constitution.

42 U.S.C. § 1983

Provides a civil cause of action against state and local law enforcement officers who, acting under color of law, deprive an individual of any civil right.

Bivens Action

Extends 42 U.S.C. § 1983 to federal law enforcement officers, limited to violations of the fourth, fifth, and eighth amendments.

Color of Law

Having the appearance of a legal right or authority, such as being on duty, wearing a uniform, or flashing a badge.

Negligent Tort

Accidents caused by a lack of due regard, requiring a legal duty of care, breach of duty, causation, and damage.

Intentional Tort

An act done with intent to cause damages, rather than an accident.

Federal Tort Claims Act (FTCA)

Act that makes the US liable for negligent or wrongful acts or omissions of federal employees acting within the scope of their employment.

Qualified Immunity

An affirmative defense protecting an officer from civil liability if a judge determines no constitutional violation occurred or the law was not clearly established at the time.

Direct Examination

Questioning using non-leading questions such as who, what, where, when, and why.

Cross-Examination

Questioning usually involving leading questions that require yes or no responses.

Badgering the Witness

A legal tactic where an attorney subjects a witness to aggressive, harassing, or intimidating behavior during questioning.

Laying Foundation

The process of authenticating evidence in court to show the item is what the party offering it claims it to be.

Chain of Custody

A document that records where evidence has been and who has handled it from discovery until it is offered in court.

Testimonial Evidence

Evidence consisting of what a witness says in court.

Real Evidence

Physical items such as guns, drugs, photos, documents, and video.

Demonstrative Evidence

Evidence used for illustration, such as diagrams or computer recreations.

Propensity Evidence

Evidence used to suggest a defendant committed a crime because they did it before; generally not admissible for that purpose.

Direct Evidence

Evidence resulting from what a witness sees, hears, smells, or touches, such as seeing a defendant shoot a victim.

Circumstantial Evidence

Evidence used to prove a fact indirectly, such as a wet street used to prove it rained.

Impeachment

An attack on the credibility of a witness during cross-examination or through another witness's testimony.

Expert Witness

A witness permitted to testify about scientific or technical matters within an area of specialized knowledge.

Lay Witness

A witness whose opinion is restricted to their own perception and personal knowledge, such as emotional conditions or handwriting recognition.

Voir Dire

The stage of criminal prosecution where lawyers question and select the jury.

Criminal Complaint

A charging document prepared by officers and sworn before a magistrate to establish probable cause.

Information

A charging document used when a defendant waives the right to an indictment; lists charges brought by the US Attorney.

Indictment

A list of charges brought against a defendant by a grand jury.

Vienna Convention on Consular Relations (VCCR)

A treaty establishing the protocol for the treatment of foreign nationals arrested by the US and US citizens arrested by foreign nations.

Diplomatic Immunity

A status where a diplomat is not subject to the jurisdiction of US courts and may not be arrested or prosecuted for any offense.

U.S. District Courts

The federal courts where the US is divided into $94$ judicial districts and which have exclusive authority to try felonies.

Drug Identification Bible

A book used to find active ingredients, color, shape, dosage, and level of control for medical drugs in the US.

Human Trafficking

Compelling someone to work or to engage in a commercial sex act through force, fraud, or coercion according to the TVPA.

PPI (Preliminary Police Investigation)

The investigation that begins when an officer is assigned to a call and ends when the scene is preserved and preliminary info is obtained.

Class Characteristics

Physical size, designs, and mold characteristics that are not unique to a specific item.

Individual Characteristics

Specific uniqueness resulting from wear and tear or nature, such as friction ridge patterns or fired bullets.

FD-249

The standard red criminal fingerprint card used for arrest bookings.

CODIS

The Combined DNA Index System managed by the FBI laboratory for collection kit data.

5 D’s of Security

Deny, Deter, Delay, Detect, and Defend.

FSL 1 (Minimum)

Facility security level for administrative or regulatory activities where loss or theft has insignificant impact on US defense.

PIES

The components of an IED: Power sources, Initiators, Explosives, and Switches.

Thermal Effect

The least damaging explosion effect, generating heat from $3,000$ to $7,000$ degrees.

Blast Pressure

The most damaging effect to property and structure, moving in a positive (push) phase and a negative (vacuum) phase.

Fragmentation Effect

The most deadly effect of an explosion, involving primary fragmentation from the device and secondary fragmentation from propelled objects.

UAS (Unmanned Aircraft System)

A system consisting of the unmanned aerial vehicle (UAV), a remote, and a signal.

Notice of Law Enforcement Officer Flying Armed

The form a LEO must obtain and provide at the airline ticket counter at least $1$ hour in advance of a flight.

Position of Dominance (POD)

The forward-most section of an aircraft cabin door, which LEOs should move to within $3$ to $5$ seconds during a tactical response.

LRBL (Least Risk Bomb Location)

The designated area on a commercial aircraft where a found explosive device should be handled by crew members.

RAIN

The LE response acronym for a WMD incident: Recognize, Avoid, Isolate, Notify.

Level A PPE

The highest level of gear, including a full space-suit-like setup with coveralls, long underwear, outer/inner gloves, and boots.

MANPADS

Man-Portable Air Defense Systems; shoulder-launched, surface-to-air missiles (SAMs).

TEDD

The principles of surveillance detection: Time, Environment, Distance, Demeanor.