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According to the TBI Edge task force, the outcome measure that is HIGHLY RECOMMENDED for outpatient TBI rehab is which of the following?

The City of Nawleans maintains extremely high public image standards and the citizens are willing to pay extremely high property taxes to maintain this image. A city regulation mandates that trash containers are not permitted on the curb. Rather, the City employs an army of workers who drive small carts into the backyards of each residence, collect the trash bins, take the bins to trash trucks located discretely off the main road. The trash bins are then emptied into the trash truck and the now empty bins are returned to the storage area behind the house. Each residence is assigned a specific bin and that bin is returned to that assigned house after being emptied. Charles Denty lives in Nawleans. By all accounts he is a law-abiding citizen. One day Officer Anton approached the regular trashman for Denty’s neighborhood. Officer Anton asked the trashman to collect Denty’s trash and deliver it to a nearby vacant lot rather than the trash truck. The trashman shrugged nonchalantly and complied with Officer Anton’s request. Officer Anton scoured Denty’s trash and found absolutely nothing illegal. Denty learned of this conduct when he received a bill from the City of Nawleans for cleaning up his dumped trash. When the City learned that Officer Anton was responsible for the mess the City dismissed the bill sent to Denty. Denty filed a civil rights suit challenging Officer Anton’s conduct under the Fourth Amendment. Denty’s Fourth Amendment claim is:

The Buffalo Concussion Treadmill Test uses which of the following required measures to determine an exercise threshold after concussion?

A patient post traumatic brain injury has been bothered by diplopia. Which of the following treatment strategies would be the MOST appropriate to address diplopia?

A physical therapist works with a patient who is in the initial stages of recovery post traumatic brain injury. Based on the typical synergy pattern experienced with upper motor neuron disorders, which of the following muscles would MOST likely be affected by spasticity?

The Chicago Police Department obtained a warrant to arrest Al Page. The officers assigned to execute the warrant went to Al’s house to execute the warrant. The officers did not knock and announce their presence. Instead the officers approached the door of the house, used a heavy battering ram to break in the door, and entered immediately upon breaking down the door. Inside the front room of the house the police found Al watching what was clearly child pornography. Al immediately turned off the television and stood up. At Al’s trial the child pornography should be:

A patient with Parkinson’s disease (stage IV on the Hoehn & Yahr scale) is referred to physical therapy due to increasing frequency of falls at home. They made some progress toward therapy goals over the course of 8 weeks to improve transfer ability, balance, strength, and ambulation, but after an additional 4 weeks of therapy, no further progress has been demonstrated. Throughout the course of therapy, they have noted continued fluctuations in their on/off time of motor symptoms and ongoing difficulty with freezing and festination of gait which affects the ability of their spouse to complete the strengthening, stretching, and balance program with the patient at home. What is the most appropriate action for the physical therapist to take?

On August 26, 2019 at 10:00 AM, Abigail Sanders was robbed while jogging in the Public Square area of downtown Cleveland. Although Ms. Sanders gave a general description of the robber the police had no leads and the crime went unsolved for many months. Ms. Sanders identified the robber as 6 foot 3 inches, white, muscular build, wearing a sweatshirt with the logo of Bertha’s Restaurant in Buffalo, New York. On January 4, 2020, Officer Anderson determined that the only way to solve the crime was to identify all of the cell phones and other electronic devices in Public Square at the time of the robbery. Officer Anderson obtained a warrant from the local court ordering Google to release the geofence data of all cell phones and electronic devices in Public Square on August 26, 2019 between 9:00 AM and 11:00 AM. Geofence warrants are intended to locate anyone in a given area using digital services. In essence it is an electronic “fence” generated by Google to track and identify any electronic internet connected device within a set location. This fence is set up after a specific request from law enforcement is received. Geofence warrants are usually issued when investigators know roughly where and when a crime was committed, and want to find out who might have been nearby at the time. As such it is possible to identify a possible suspect if that person was carrying a cell phone or other device. This would also capture the data of innocent people and bystanders. Google has been the target of many geofence warrants because its location technologies, which leverage GPS, Wi-Fi, and Bluetooth signals to pinpoint a phone or other connected device within a few yards, are powerful and widely used. This location technology tracks cell phones, tablets, computers, smart watches, Fitbits, gaming devices, and any other internet connected item. This data is collected as part of Google’s normal business service. Users agree to let Google collect this data whenever the user allows a device, application, program, etc., to access location services. Google uses this information to improve coverage and track connectivity issues as well as for advertising and other commercial purposes. Google is aware that nearly all users agree to this location service without understanding the nature of the data collected or its possible uses beyond using the particular application. When the tracking system was revealed to the public Google provided a statement: “We have a rigorous process for geofence warrants that is designed to protect the privacy of our users while supporting the important work of law enforcement. To the extent we disclose any data in response to a geofence warrant, we always produce de-identified data as the initial step in the process. Then, any production of additional information is a separate step as mandated by the warrant or a new court order.” Google also noted that court orders are often accompanied by gag orders that prevent the recipient from discussing them. Google requires law enforcement to go through a three-step process to access the information. In response to the first warrant, Google provides the following data: (1) anonymized user identifiers; (2) date and time the device was in the geofence; (3) approximate latitude and longitude of the device; (4) what Google deems its map display radius; and (5) the source of the location data. The warrant returns warn that there is a degree of uncertainty regarding the reported coordinates with the range depending on numerous factors. Investigators then use that list to focus on device tracks that look suspicious, and can ask Google to widen the time or geofence boundaries on only those devices. This means that Google is able to provide more detailed location information of a specific device or devices and can track any specific device as it moves including creating new geofence coordinates. This allows Google to provide a detailed map of a device’s location, movements, duration of location, etc. There is no time limit on Google’s ability to provide this information because cell phone and other electronic devices are constantly connected to and communicating through the internet. The third step involves compelling Google “to provide account-identifying information for the device numbers in the production that the government determines are relevant to the investigation. In response, Google provides account subscriber information such as the email address associated with the account and the name entered by the user on the account.” Investigators can and do also serve warrants on phone companies. However, cell phone towers can only locate phones to within about three-quarters of a mile. While cell tower records provide some rough and general location data, Google’s data offers a much higher degree of accuracy. The January 4 investigation appears to have landed a netful. The initial release of information identified 1,000 individual devices in the Public Square area during the target time period. Officer Anderson searched the geofence data for all phones having Buffalo’s 716 area code. Two of the six 716 records were attributed to men, and one of those names was Alex Denardo. Denardo’s public Facebook profile stated that he worked at Bertha’s Restaurant. Police showed Sanders several photos of Denardo from his Facebook page. Sanders stated that Denardo could be the person who robbed her. Current geofence data revealed that Denardo was again in the Cleveland area and was staying at the Ritz Carlton in downtown Cleveland. Based on the geofence data, the Facebook information, and Sanders’s identification, the Cleveland Police obtained an arrest warrant for Denardo and a search warrant for his hotel room. This warrant was executed on January 12, 2020. In the hotel room was Denardo and his wife, Tara. During the search no proceeds of the robbery were located and no cell phone was recovered. However, Denardo was wearing a Fitbit exercise monitoring device that tracked his steps, location, distance travelled, heart rate, and other information. Police took possession of his Fitbit. Denardo was arrested and taken to the police station. His wife Tara followed and was allowed to wait in a conference room at the police station. Denardo was placed in an interrogation room where he sat, alone and handcuffed, for one hour. At approximately 1 p.m., FBI Agent King and Detective Freedlund entered the interview room. The took the handcuffs off of Denardo. After introducing themselves, they made sure that Denardo could speak English and learned that he had finished the eleventh grade, could read and write, and was not under the influence of drugs or alcohol. Detective Freedlund then provided Denardo with an advice of rights form containing the Miranda warnings. Denardo read the first line of the form out loud at Detective Freelund’s request. Detective Freedlund then read the remainder of the form, Denardo indicated that he understood his rights and initialed each line. At 1:10 p.m., Denardo signed the form at the bottom and Detective Freedlund and Agent King signed as witnesses. Agent King explained to Denardo that they were trying to garner his cooperation and that if he decided that he wanted to cooperate, there was a chance that he was going to leave at the end of the conversation. Agent King explained further, however, that if Denardo did not cooperate he would remain in custody. Agent King specifically advised Denardo that he had a right to refuse to sign the consent form. When Agent King started to explain the investigation, Denardo asked if he could speak to his wife. Agent King and Detective Freedlund escorted Denardo to the conference room where Tara was and allowed them to speak in the agents’ presence. Tara told Denardo that the agents had been looking at his Fitbit, that they knew everything, and that Denardo should just cooperate. Tara told Denardo “you’re gone sweetie.” Denardo agreed to cooperate, and went back to the original interview room where he answered questions inculpating himself in the robbery of Sanders. At 1:46 p.m., Detective Freedlund began typing a statement based on what Denardo told them and gave it to Denardo. Denardo read the statement, initialed the beginning and end of each paragraph, initialed the end of the statement indicating that it was true and correct, and then signed and dated it at the bottom at 2:17 p.m. Thereafter, Denardo and Tara were allowed to leave based on Denardo’s agreement to cooperate in the investigation. At trial Denardo filed a motion to suppress his statements asserting a violation of Miranda and the Fifth Amendment. The trial court held a hearing and the following evidence was developed. When asked what he told Denardo regarding his cooperation, Agent King said: I told Denardo that if he cooperated on that day that he would be allowed to leave. If we felt he was being truthful, he would be allowed to leave at the end of our conversation that day and to go home, but that he would be charged eventually on a federal charge. If he did not agree to cooperate at that time, we were going to hold him, do a federal complaint in the morning, and then have him transferred over to the U.S. Marshals for an initial appearance.   Agent King denied telling Denardo that if he did not cooperate that he would have to stay in federal custody until his case was over. Denardo testified that he was paroled from Vienna Correctional Center on January 13, 2014, and married Tara on January 16, 2014. At that time, Denardo already had two sons with Tara. Denardo testified that he has suffered from panic attacks and anxiety disorder his whole life as a result of having been molested as a child and had been prescribed medication for the disorder in the past. Denardo knew this matter was serious when he learned that Agent King was with the FBI because he had previously only dealt with state and local law enforcement, but the FBI was “a whole different ball game.” Denardo said the agents said that they were going to get him anyway so it was best if he just cooperated and helped himself. Denardo said that he was concerned about going back to prison as he had just gotten out, was recently married, had a job, had his kids, and now “it was like the rug was pulled from under [his] feet again.” Denardo just wanted to leave. According to Denardo, Agent King told him he needed to give a statement and then all he needed to do to cooperate was refrain from criminal activity and not talk to anyone about the investigation. When Denardo asked what would happen if he chose not to incriminate himself by giving a statement, they told him he would be taken into federal custody until the investigation was over. Denardo testified that he was extremely stressed by the situation, felt a high degree of anxiety, and just wanted to go home. Denardo admitted that he signed the forms advising of his Miranda rights and that he expressly agreed to talk to Agent King, but claimed that he only agreed so that he would be permitted to leave. Denardo testified that he understood all the Miranda rights and that he knew what he was waiving when he agreed to talk. Denardo also admitted that he signed and initialed the statement that Detective Freedlund typed, but claimed that he did not read it thoroughly. On cross-examination, Denardo agreed that neither Detective Freedlund nor Agent King forced him to sign the Miranda rights form or threatened him. When asked how many times he has been advised of his Miranda rights during his life, Denardo said “[a] lot in my time. Yes, a lot.” Denardo was tried in state court on the robbery charge. The trial court determined that the geofence data collection and the other issues relating to the Fourth Amendment issues in the case did not violate the Fourth Amendment. The trial court also denied the motion to suppress Denardo’s statements. The state court of appeals reversed on all issues and remanded for a new trial. The state supreme court declined jurisdiction. The Supreme Court of the United States granted review of the issues under the Fourth Amendment and the Fifth Amendment/Miranda. You are a Justice on the Supreme Court of the United States. This case is now before you for review. You have been assigned to write the majority opinion addressing all constitutional issues you can identify relating to Mr. Denardo. This is a 5-4 decision and you are limited to addressing the issues under existing precedents.  

Which of the following people could serve as a qualified witness to complete a Power of Attorney for Health Care document?

Arthur Dent suffered bouts of mental illness. He was diagnosed as suffering from paranoid schizophrenia and experienced auditory and visual hallucinations. The auditory hallucinations were command hallucinations, that is, the voices he heard ordered him to do things. While suffering from these hallucinations he might appear quite normal, oriented to time and space although he might also appear subdued or agitated. During one of these periods he became convinced that he was compelled by the evil space construction supervisor Vogon Jeltz to follow his directions or the world would be destroyed to make way for a space highway. Following this command Dent walked into the Fifth Precinct police station and told the desk sergeant that five years ago he murdered his friend Ford Prefect, incinerated the remains and sprinkled the ashes in the garden. The sergeant was understandably astounded. He asked Dent to sit down and he proceeded to ask him questions about the crime. Dent appeared coherent and rational. He provided details of the event and at the conclusion of his account the sergeant said “Well, I’m going to have to arrest you.” Dent was placed in a cell and 15 minutes later Detective Zaphod arrived and told Dent he wanted to ask him some questions. He read Dent his Miranda warnings and asked if he was willing to waive his rights. Dent said “Yes, I am here to do Vogon’s will.” He then answered questions and again confessed to killing Prefect. At the hearing to suppress both of the statements, uncontradicted expert testimony demonstrated that, at the time he spoke to both officers, Dent was in a psychotic state and suffering from serious mental illness. The experts explained the existence of the command hallucinations and that the hallucinations impacted Dent’s volitional abilities and rendered him unable to make free and rational choices. They also testified that he was so detached from reality that he could not understand the Miranda rights. The trial court should: