Legal Authority Flashcards
7 cards from real DPSST practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Authority flashcards as text
Under 42 U.S.C. § 1983, a law enforcement officer may be held civilly liable when:
Answer: They deprive a person of constitutional rights under color of state law
Section 1983 creates civil liability for officers who, acting under color of state law, deprive individuals of federally protected constitutional rights.
Qualified immunity protects officers from civil liability unless:
Answer: The officer violated a clearly established statutory or constitutional right
Qualified immunity shields officers from civil suits unless the violated right was clearly established at the time of the conduct.
Oregon's 'knock and announce' statute generally requires officers serving a warrant to:
Answer: Announce their authority and purpose and wait a reasonable time before forced entry
Officers must knock, announce their identity and purpose, and wait a reasonable time before making a forced entry when serving a warrant.
When a person voluntarily consents to a search, which of the following is true?
Answer: No warrant or probable cause is needed
Voluntary consent is a recognized exception to the warrant requirement, and no probable cause is needed when valid consent is given.
Under ORS 133.033, an officer may take emergency protective custody of a person who appears to be mentally ill and is dangerous to self or others. This authority is:
Answer: A civil hold that is not a criminal arrest
Emergency protective custody under ORS 133.033 is a civil hold, not a criminal arrest, to provide emergency psychiatric care.
The 'fruit of the poisonous tree' doctrine provides that:
Answer: Evidence derived from an illegal search or seizure is generally inadmissible
The fruit of the poisonous tree doctrine extends the exclusionary rule to all evidence obtained as a result of an initial constitutional violation.
An officer may search a vehicle incident to arrest under Arizona v. Gant only when:
Answer: The arrestee is unsecured and within reaching distance, or evidence of the offense is reasonably believed to be in the vehicle
Arizona v. Gant limits vehicle searches incident to arrest to situations where the arrestee is unsecured or where evidence of the arrest offense may be found in the vehicle.