Chapter 10 Quiz

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Under Garcetti v. Ceballos, a police officer has no First Amendment protection for speech that:

occurs on the job

relates to the officer’s employment

is part of his or her official duties

is expressed outside the chain of command

None

To be speaking as a citizen, for First Amendment purposes, a police officer’s speech must:

be unrelated to the police department

occur outside the workplace

occur while off-duty

none of the above

None

After a series of drug thefts from the evidence room of the Whosville Police Department (WPD), Police Chief Sullivan devised a plan to catch the thief. He left several baggies with tea leaves that looked like marijuana in the evidence room. After the baggies disappeared, Police Chief Sullivan conducted a locker search pursuant to a departmental regulation that allowed lockers to be inspected without notice. The baggies were discovered in Officer Brown’s locker. After his dismissal, Officer Brown sued Police Chief Sullivan for violating his Fourth Amendment rights. The Court should find for:

the WPD because Brown lacked a reasonable expectation of privacy in his locker

the WPD because the Fourth Amendment does not apply to searches conducted to discover evidence for a use in a disciplinary proceedings

Officer Brown because the WPD lacked probable cause to believe that the stolen drugs would be found in his locker

Officer Brown because he was entrapped

None

The Fifth Amendment privilege against self-incrimination protects a police officer undergoing an internal affairs investigation from:

being compelled to take a lie detector test

being fired for refusing to answer questions that call for an incriminating response

having statements obtained under threat of removal from office used against him in a criminal prosecution

all of the above

None

Which of the following police department regulations can be successfully challenged?

a ban on beards and goatees

a ban on smoking on or off-duty

a ban on outside employment

a 5′ 3″ minimum height and 130-pound minimum weight requirement

None

Jones, a probationary officer with the Whosville police department, was fired for recurrent tardiness. Which of the following best describes his right to a hearing under the Fourth Amendment?

He has no right to a hearing.

He is entitled to a hearing to clear his name, but not to get his job back.

He is entitled to a hearing to contest the charges and get his job back if he wins.

He does not need a hearing because tardiness is not serious enough to warrant dismissal.

None

The Fourteenth Amendment entitles officers facing dismissal who have a property right in their job to all but which of the following procedural rights?

the right to a hearing before an impartial decision maker

the right to testify and put on witnesses

the right to be represented by counsel and to have counsel appointed if the officer cannot afford an attorney

the right to cross-examine the department’s witnesses

None

Title VII does NOT prohibit employment discrimination based on:

race

religion

national origin

age

None

Disparate treatment discrimination occurs when:

a superior threatens to take negative action or to withhold positive action unless the subordinate acquiesces to sexual demands

an employer uses criteria that disproportionately eliminate women or minority candidates without being valid predictors of the knowledge, skills, or traits required for successful job performance

an employer deliberately treats one person less favorably than others who are similarly situated because of race, color, religion, gender, or national origin

an employer fails to provide adequate grievance procedures for employees who have been treated unfairly

None

10.

Quid pro quo sexual harassment occurs when:

a superior threatens to take negative action or to withhold positive action unless the subordinate acquiesces to sexual demands

an employer uses criteria that disproportionately eliminate female applicants from employment without being valid predictors of the knowledge, skills, or traits required for performance of the job in question

a female worker receives lower pay than males occupying the same rank and grade

sexual advances are so flagrant as to alter the conditions of the victim’s employment

None

11.

Giving preferential treatment to female and minority candidates in police department promotional decisions denies white male candidates equal protection of the law unless:

the police department has a compelling need to remedy past discrimination or increase diversity in the higher ranks

women and minorities hold less than 30% of the leadership positions in the department

white male officers who would otherwise have received the promotion are compensated for their disappointment

all of the above.

None

12.

The §1983 requirement that a police officer’s conduct be committed under “under color of state law” requires proof that:

the officer’s conduct was authorized by state law

the conduct occurred while the officer was on duty and in uniform

the officer’s misuse of power was made possible because of the authority vested in him by state law

none of the above

None

13.

Qualified immunity protects a police officer from liability under §1983 when:

this is the first claim made against the officer

the officer’s conduct did not violate a clearly established constitutional right

the violation was accidental

all of the above

None

14.

First Amendment protection means protection against adverse employment action for speech that annoys superiors.

TRUE

FALSE

None

15.

According to the text, context is the most important consideration in applying the public concern test for a police officer speaking about a matter of public concern.

TRUE

FALSE

None

16.

There may be civil liability for a police officer who defectively administers a Miranda warning to an arrestee who files a civil suit, alleging damages under the civil rights statute, § 1983

TRUE

FALSE

None

Time’s up