Graded Homework

week 8 quiz

If a police agency is investigating one of their own
officers in an administrative proceeding (internal affairs investigation)
relative to an allegation of theft by the officer, but the officer is not in
custody and the subject offer is not part of the union, then which of the
following warnings should be given to the officer before the statement
proceeds:

Question 1 options:

	Miranda Warnings
	Garrity Rights Read
	Weingarten Rights Read
	All of the provided answers to this question are correct

Question 2 (1 point)

As to internal affairs investigations or administrative
investigations of a police officer’s alleged inappropriate conduct:

Question 2 options:

	The charges must generally be proven “beyond a reasonable doubt”
	Are generally unrestricted by statutes and procedures as it is the police investigating the police
	Are often played out in civil court
	None of the provided answers to this question are correct

Question 3 (1 point)

Arbitration used in law enforcement disciplinary
processes generally:

Question 3 options:

	Slower than litigation because it is “behind closed doors”
	The proper venue for challenging an agency’s disciplinary actions if there is a Collective Bargaining Agreement that covers the subject employee
	Occur during the internal investigation itself as a method of discovery
	All of the provided answers to this question are correct

Question 4 (1 point)

As to arbitration’s use by law enforcement agencies
relative to disciplinary actions:

Question 4 options:

	The arbitrator’s award are usually reversed on appeal because judges don’t appreciate such alternative resolution processes
	A violation of Due Process as the accused police officer is not tried by a jury of his or her peers.
	Have limited discovery rights and procedures as compared to traditional litigation forums and venues.
	All of the provided answers to this question are correct

Question 5 (1 point)

As to the use of arbitration by law enforcement agencies
relative to workplace issues:

Question 5 options:

	Arbitration is often mandated by the collective bargaining agreement if there is dispute between the agency and the union;
	Arbitration often reaches a quicker final result then litigation
	Certain federal actions like discrimination or alleged violations of whistleblower protections by an law enforcement agency against an officer are not required to solely be heard by an arbitrator
	All of the provided answers to this question are correct

Question 6 (1 point)

As to the government procuring practices:

Question 6 options:

	Law enforcement agencies do not have to follow such procedures because they are rendering public safety services and have the discretion to enter contracts at will
	Often the resulting contracts have provisions that are “subject to funding” which allows the law enforcement agency to cancel if yearly appropriations of funding by its parent funding agency are not realized
	Generally do not have to be open to competitive bidding processes
	All of the provided answers to this question are correct

Question 7 (1 point)

As to managements of grants that are given to law
enforcement agencies:

Question 7 options:

	Eventually the law enforcement agency must pay them back at the end of the term
	The funds can be transferred to other law enforcement agencies by the grantee if the grantee does not use them in time
	Are generally limited to specific uses dictated by the terms of the grant
	All of the provided answers to this question are correct

Question 8 (1 point)

Permissible off duty employment of law enforcement personnel
on “details” (private security) using the agency uniform, badge, equipment,
gun, radio and vehicle:

Question 8 options:

	Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting under “color of law”
	Cannot expose the law enforcement agency employer to Section 1983 liability as the law enforcement employee is not acting “on the clock”
	Are often a source of litigation against the law enforcement agency
	All of the provided answers to this question are correct

Question 9 (1 point)

As to “take home” police vehicles:

Question 9 options:

	Such policies are often challenged in court by tax payers because they are a form of mis-appropriation of government tax dollars
	Expose the law enforcement agency to additional liability
	Are never addressed in union security agreements as it is not an important compensation issue in the minds of the police officers and their unions
	None of the provided answers to this question are correct

Question 10 (1 point)

As to mutual aid agreements or joint task force
agreements:

Question 10 options:

	They are formal contracts often written and signed by various law enforcement agency representatives
	Are not technically necessary as all law enforcement personnel have multi-jurisdictional powers
	Never expose one agency to liability for other partner agency actions in a joint operation
	None of the answers provided for this question is correct

Question 11 (1 point)

Law enforcement officers do not get to be read Miranda
rights when being quested by internal affairs about an allegation that they
committed a criminal act as the internal affairs process is administrative in
nature only, even if the internal affairs officers will be forwarding the
statement to the local prosecutors later

Question 11 options:

	True
	False

Question 12 (1 point)

Internal affairs investigations are seen as a way to help
“self regulate” the law enforcement profession by law enforcement agencies

Question 12 options:

	True
	False

Question 13 (1 point)

Generally, law enforcement officer who are being
investigated for criminal acts and who are on leave from the force are
generally still paid until they are placed under arrest occurs because of union
security agreement provisions

Question 13 options:

	True
	False

Question 14 (1 point)

Police agencies and unions prefer litigation, rather than
arbitration, when dealing with employment issues because it brings to light the
internal issues of the agency which is a governmental unit

Question 14 options:

	True
	False

Question 15 (1 point)

Whistleblower actions are generally filed in court, rather
than in arbitration, as the remedies and protection afforded by the courts to
the employee who legitimately “blows the whistle” are greater and more
practically enforced by court orders

Question 15 options:

	True
	False

Question 16 (1 point)

Generally, forfeiture actions instituted by law enforcement
agencies against property require the law enforcement agency to satisfy the
“beyond a reasonable doubt” evidentiary standard for the law enforcement agency
to prevail

Question 16 options:

	True
	False

Question 17 (1 point)

The funds collected from forfeiture actions generally can
be used for any law enforcement purpose later by the seizing agency, if they
prevail in court in their forfeiture action

Question 17 options:

	True
	False

Question 18 (1 point)

Generally, a law enforcement agency should make all
of their contracts in which they must pay money for goods or services “subject
to funding” by their funding authority.

Question 18 options:

	True
	False

Question 19 (1 point)

Off duty private security details by law enforcement
officers do not pose a risk of liability to the law enforcement agency because
the subject officer is off duty

Question 19 options:

	True
	False

Question 20 (1 point)

When law enforcement agencies wish to purchase goods or
services, often governmental procurement codes and procedures apply to the
process of selecting a contracting party

Question 20 options:

	True
	False

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