Constitutional Law and Civil Rights Flashcards
6 cards from real FDLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Law and Civil Rights flashcards as text
What standard does the Supreme Court use to evaluate whether a law enforcement officer's use of force was constitutional under the Fourth Amendment?
Answer: Objective reasonableness — whether a reasonable officer in the same situation would have used the same force
Graham v. Connor (1989) established that use of force is evaluated under the Fourth Amendment's objective reasonableness standard — judged from the perspective of a reasonable officer on the scene, not with 20/20 hindsight.
Under 42 U.S.C. §1983, when can a law enforcement officer be held civilly liable for violating a person's constitutional rights?
Answer: When the officer, acting under color of law, deprives a person of constitutional rights — unless protected by qualified immunity
Under §1983, officers acting under color of law who violate constitutional rights can be held liable, but qualified immunity protects officers unless they violated clearly established constitutional rights a reasonable person would know.
What is the legal principle established in Tennessee v. Garner (1985) regarding the use of deadly force on fleeing suspects?
Answer: Deadly force to prevent escape is only constitutional when the suspect poses a significant threat of death or serious physical injury to the officer or others
Tennessee v. Garner prohibits using deadly force to prevent escape unless the officer has probable cause that the fleeing suspect poses a significant threat of death or serious physical injury to the officer or others.
What constitutional protection is violated when law enforcement officers engage in selective enforcement based solely on a person's race, ethnicity, or national origin?
Answer: Fourteenth Amendment Equal Protection Clause
Selective enforcement based on race, ethnicity, or national origin violates the Fourteenth Amendment's Equal Protection Clause, which requires that law be applied equally to all persons within the jurisdiction.
What is the significance of Monell v. Department of Social Services (1978) for law enforcement agencies?
Answer: It held that municipalities and local agencies can be sued under §1983 when a constitutional violation results from an official policy or custom
Monell established that local government entities (including police departments) are 'persons' subject to §1983 liability when constitutional violations result from official policy, custom, or deliberate indifference in training or supervision.
Under the First Amendment, what standard applies when law enforcement interacts with individuals recording police activity in a public place?
Answer: Recording police performing their duties in public is a protected First Amendment activity, and officers may not interfere without a legitimate law enforcement justification
Multiple federal circuits, including the 11th Circuit covering Florida, have held that recording law enforcement performing public duties is protected First Amendment activity.