UPTP EXAM 2 FINAL EXAM SCRIPT 2026
COMPLETE ANSWERS AND STUDY GUIDE
◉ Franks vs Delaware
Answer: Supreme Court held that a LEO violates the 4th if, in order
to obtain a search warrant, he perjures himself or testifies in
reckless disregard of the truth
also applies when LEO intentionally or recklessly ommits material
facts
◉ Common Bivens Actions
Answer: 1. arrests & searches without PC
2. knowingly submitting false/misleading affadavits for warrants
3. 4th amendment excessive force claims
4. failure to intervene
◉ Failure to Intervene
Answer: LEO has an affirmative duty to intercede on behalf of a
person whose constitutional rights are being violated in his
presense by other officers. Failure to do so could result in Bivens
Action
◉ Common Intentional Torts Committed Against Persons
,Answer: battery, assault, false imprisonment, false arrest, intentional
infliction of emotional distress
◉ Common Intentional Torts Committed Against Property
Answer: trespass to land, trespass to chattels, conversion
◉ FTCA
Answer: Federal Tort Claims Act
◉ FTCA Effect
Answer: makes US liable under local law of the place where the tort
occurs for the negligent or wrongful acts or ommissions of federal
employees within the scope of their employment in the same
manner and to the same extent as a private individual under like
circumstances
◉ FTCA Purposes
Answer: 1. provide persons injured by the torts of federal employees
with an appropriate remedy against the US (a waiver of sovereign
immunity)
2. to protect federal employees from personal liability for torts
committed within the scope of the employment (absolute immunity)
◉ "Federal Agency"
, Answer: includes executive departments, judicial & legislative
branches, military departments, and corporations primarily acting
as instrumentalities or agencies of the US. EXCLUDES any contractor
with the US
◉ "Investigative or Law Enforcement Officer"
Answer: any officer in the US who is empowered to execute
searches, or seize evidence, or make arrests for violations of federal
law
◉ "Scope of Employment"
Answer: defined by determining whether the employee was
performing the employer's (federal government) business at the
time of occurrence
◉ The Federal Law Enforcement Officers "Good Samaritan" Act
Answer: provides that certain federal LEOS are within scope of
employment when taking reasonable action, including use of force:
1. to protect an individual in the prescense of an officer from a crime
of violence
2. to provide immediate assistance to individuals who have suffered
or who are threatened with bodily harm
3. to prevent the escape of any individual whom the officer
reasonably believes to have committed, in the presence of the officer,
a crime of violence
COMPLETE ANSWERS AND STUDY GUIDE
◉ Franks vs Delaware
Answer: Supreme Court held that a LEO violates the 4th if, in order
to obtain a search warrant, he perjures himself or testifies in
reckless disregard of the truth
also applies when LEO intentionally or recklessly ommits material
facts
◉ Common Bivens Actions
Answer: 1. arrests & searches without PC
2. knowingly submitting false/misleading affadavits for warrants
3. 4th amendment excessive force claims
4. failure to intervene
◉ Failure to Intervene
Answer: LEO has an affirmative duty to intercede on behalf of a
person whose constitutional rights are being violated in his
presense by other officers. Failure to do so could result in Bivens
Action
◉ Common Intentional Torts Committed Against Persons
,Answer: battery, assault, false imprisonment, false arrest, intentional
infliction of emotional distress
◉ Common Intentional Torts Committed Against Property
Answer: trespass to land, trespass to chattels, conversion
◉ FTCA
Answer: Federal Tort Claims Act
◉ FTCA Effect
Answer: makes US liable under local law of the place where the tort
occurs for the negligent or wrongful acts or ommissions of federal
employees within the scope of their employment in the same
manner and to the same extent as a private individual under like
circumstances
◉ FTCA Purposes
Answer: 1. provide persons injured by the torts of federal employees
with an appropriate remedy against the US (a waiver of sovereign
immunity)
2. to protect federal employees from personal liability for torts
committed within the scope of the employment (absolute immunity)
◉ "Federal Agency"
, Answer: includes executive departments, judicial & legislative
branches, military departments, and corporations primarily acting
as instrumentalities or agencies of the US. EXCLUDES any contractor
with the US
◉ "Investigative or Law Enforcement Officer"
Answer: any officer in the US who is empowered to execute
searches, or seize evidence, or make arrests for violations of federal
law
◉ "Scope of Employment"
Answer: defined by determining whether the employee was
performing the employer's (federal government) business at the
time of occurrence
◉ The Federal Law Enforcement Officers "Good Samaritan" Act
Answer: provides that certain federal LEOS are within scope of
employment when taking reasonable action, including use of force:
1. to protect an individual in the prescense of an officer from a crime
of violence
2. to provide immediate assistance to individuals who have suffered
or who are threatened with bodily harm
3. to prevent the escape of any individual whom the officer
reasonably believes to have committed, in the presence of the officer,
a crime of violence
