Colorado POST Practice Exam

An officer commits a negative (negligent) tort when they do what?

1. Act with malice

2. Negligently fails to act resulting in injury

3. Intentionally cause damage

4. Resist arrest

The correct answer is: Negligently fails to act resulting in injury

A negative or negligent tort occurs when an individual fails to exercise the level of care that a reasonably prudent person would under similar circumstances, leading to unintentional harm or injury to another party. In the context of law enforcement, this implies that an officer might neglect their duty, leading to a harmful outcome. For instance, if an officer witnesses someone in distress but fails to intervene or provide necessary assistance, their inaction could constitute a negligent tort if that failure results in further injury. In contrast, the other options describe behaviors that involve intent or malice, which fall under different legal categories. Acting with malice or intentionally causing damage would typically relate to intentional torts rather than negligence. Resisting arrest does not pertain to an officer’s duty to act and would not be classified as a negligent tort. Understanding this distinction is crucial for evaluating the actions of officers and the potential legal ramifications of their decisions.