What are the three elements an officer-defendant in a state tort case must prove to establish official immunity? Provide an example of each element
What will be an ideal response?
The three elements an officer-defendant in a state tort case must prove to establish
official immunity are: (1) the act performed was a discretionary act, for example
when an officer decides to arrest a suspect for a minor offense? (2) the officer acted
in good faith, for example making an arrest without a warrant on the reasonable
belief that the suspect would otherwise flee? and (3) the officer acted within the
scope of authority, for example an officer serving a search warrant.
You might also like to view...
The emphasis on individual rights seen during the 1960s and 1970s was accompanied by a dramatic decrease in reported criminal activity.
a. true b. false
In Missouri v. Frye (2012) the Supreme Court ruled that the right to counsel attaches at the initial hearing before a magistrate when the defendant is informed of the charges and restrictions on liberty are imposed
a. True b. False Indicate whether the statement is true or false
In which of the following proceedings does the exclusionary rule apply?
a. Private searches b. Parole revocation hearings c. Grand jury investigations d. None of the answers are correct.
In early English policing, who believed that the police are the public and the public are the police?
a. King Edward I b. King John c. Sir Robert Peel d. King James II e. Alfred the Great