Administrative Law & Regulations Flashcards
7 cards from real MPOETC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Administrative Law & Regulations flashcards as text
Under 42 U.S.C. § 1983, a police officer may be held civilly liable when acting 'under color of law' if the officer:
Answer: Violates a person's federally protected constitutional rights
Section 1983 imposes civil liability on officers who deprive persons of federally protected rights while acting under color of state law.
The doctrine of 'qualified immunity' shields police officers from civil liability unless:
Answer: They violated a clearly established statutory or constitutional right that a reasonable person would have known
Qualified immunity protects officers unless they violated a clearly established right that a reasonable officer would have known was unlawful.
A law enforcement agency's failure to adequately train officers, resulting in a pattern of constitutional violations, may lead to municipal liability under which legal theory?
Answer: Monell liability for deliberate indifference
Under Monell v. Department of Social Services, municipalities can be liable when an official policy or deliberate indifference to training needs causes constitutional violations.
Which of the following is a lawful basis for an employer to conduct a pre-employment polygraph examination of a police officer candidate in Pennsylvania?
Answer: Law enforcement agencies are exempt from the Employee Polygraph Protection Act
The federal Employee Polygraph Protection Act specifically exempts federal, state, and local government law enforcement agencies from its prohibitions.
When a police officer is subpoenaed to testify in an administrative hearing regarding a personnel matter, which privilege generally does NOT apply to protect the officer's testimony?
Answer: The marital communications privilege
The marital communications privilege protects private spousal communications and does not apply to an officer's official conduct or testimony in administrative proceedings.
Under the Garrity rule, statements an officer makes under compulsion (threat of job loss) during an internal investigation:
Answer: Cannot be used against the officer in a subsequent criminal prosecution
Garrity v. New Jersey established that compelled statements made under threat of termination cannot be used in a subsequent criminal prosecution of the officer.
Pennsylvania's 'Act 111' governs collective bargaining for which group of public employees?
Answer: Firefighters and police officers
Act 111 of 1968 grants police officers and firefighters the right to collective bargaining and provides for binding arbitration when negotiations fail.