C550 Law Enforcement Authority review Flashcards
What does the Fourth Amendment protect against?
Unreasonable searches and seizures
The Fourth Amendment requires searches and seizures to be supported by ____ and a ____ or an _____ to the warrant requirement.
PC, warrant, exception
This rule excludes unlawfully obtained evidence from being admitted at criminal trials. Its purpose is to discourage officers from violating the Constitution.
The exclusionary rule
This doctrine extends the exclusionary rule to include items indirectly obtained by unlawful government conduct.
Fruit of the Poisonous Tree
Searches and seizures require a minimum level of suspicion to be reasonable under the Fourth Amendment. What are the levels of Suspicion from lowest to highest?
-zero suspicion
-some or mere suspicion
-reasonable suspicion
-probable cause
-reasonable certainty
-proof beyond a reasonable doubt
Name that level of suspicion! (Arrest)
PC
Name that level of suspicion! (Investigative detention)
Reasonable suspecion
Name that level of suspicion! (Allow a dog to sniff an object)
Zero
Name that level of suspicion! (X-ray a container at the border)
Zero
Name that level of suspicion! (Apply deadly force)
PC that the subject poses an imminent threat of death or serious bodily injury
Name that level of suspicion! (Seize property for forfeiture)
PC
Name that level of suspicion! (Plain-view seizure)
PC
Name that level of suspicion! (Review documents discovered during a border search)
Zero
Name that level of suspicion! (Perform an advanced search of an electronic device that stores information)
Reasonable suspicion
Name that level of suspicion! (Perform a destructive border search of a thing)
Reasonable suspicion
Name that level of suspicion! (Instruct a traveler to remove his jacket so that it can be searched at the border)
Zero
CBP Officer’s statutory arrest authority: May arrest based on a _____
Federal arrest warrant
CBP Officer’s statutory arrest authority: May arrest without a warrant for any federal felony when the officer has this level of suspicion
PC
CBP Officer’s statutory arrest authority: May arrest without a warrant for a federal _____ if the officer sees the suspect commit the offense in the officer’s presence
Misdemeanor
What is the definition of “seizure” for objects?
Government interference with a person’s possessory interests in property
What is the definition of “seizure” for people?
Government interference with a person’s freedom of movement, where a reasonable person would not feel free to leave.
The use of force by a government actor must be both ____ and _____.
Necessary and reasonable
May an officer use deadly force simply to prevent an escape?
No
What is the legal standard for use of deadly force?
The officer must have probable cause that subject poses imminent threat of death or serious bodily injury
What is the definition of a search?
Any goverment intrusion into an REP or a constitutionally protected area
Does a person have REP when crossing the border?
Yes
Is there REP in abandoned property?
No
If you examine abandoned property, will things you discover be admissible in court?
Yes
Is a dog sniff of an object considered a search?
No, as long as the dog does not intrude into REP
Is there REP in overheard conversations?
No
If you listen to a conversation in public, will the information you discover be admissible in court?
Yes
What is a plain view seizure?
An officer may seize an item when making a lawful observation of an item, has lawful access to the item, and there is obvious PC that the item is contraband or evidence
What exception allows you to search a person who’s just been arrested?
Search incident to arrest
What does an officer need to conduct a search under the mobile conveyance exception?
Probable cause that there is contraband or evidence in a readily mobile conveyance
Are searches based on consent reasonable?
Yes, so long as…
-consent was knowing and voluntary
-consent was given by someone with authority to consent, and
-search was limited to the consent given
What are the 3 requirements for a border search?
Who, what, and where
Who may perform a border search?
Authorized govemment officers, including CBP.
HSI, Coast Guard, and others cross-designated
What is an officer searching for during a border search?
Aliens, evidence of admissibility, and merchandise (goods, wares, and chattels of every description, including contraband and monetary
instruments)
Where can a border search be conducted?
At the border, the FEB, or the extended border
What is required for an FEB inbound search?
-Reasonable certainty there has been a border nexus
-Reasonable certainty there has been no material change
-First practical detention point
What is a border nexus?
-Actually crossing the border
-Having meaningful contact with uninspected people or things that crossed the border
What is required for an FEB outbound search?
-RC there will be a border nexus
-RC there will be no material change
-Last practical detention point
What is required for a search at the extended border?
-RC there has been a border nexus
-RC there has been no material change
-Reasonable suspicion of criminal activity
Does it matter if the person intends to stay in the U.S.?
No
Can an officer take a “second look” at the FEB?
Yes
What level of suspicion is required for an immediate weapons patdown?
Some or mere
What factual basis does CBP policy require when conducting a full patdown?
At least one articulable fact
What level of suspicion is required for a medical exam?
Reasonable suspicion
What should an officer do if they have PC that there is contraband in a diplomat’s luggage?
Notify a supervisor
Can USCs have diplomatic immunity in the U.S.?
No
May an officer consider a subject’s race or religion when developing a level of suspicion?
No, but race, religion, or ethnicity-based information that is specific to a particular suspect(s), incidents, or activities may be considered
Miranda warnings are needed when a criminal subject is in ____ and the officer intends to _____.
Custody, interrogate
When is an OFO subject in custody?
-When told they are under arrest
-When confronted with evidence of guilt
-When subjected to a medical examination
What is interrogation?
Any words or actions that are likely to elicit an incriminating statement
Can a subject’s spontaneous statements be admissible when no Miranda warning was given?
Yes, because there was no interrogation
Are the Miranda requirements different for juveniles?
Yes, juveniles must be Mirandized immediately, even if you don’t plan to interrogate
All arrested aliens must be offered ____ notification
Consular
We have a treaty with some countries that makes consular notification ____
Mandatory
What rule requires disclosure of information favorable to a defendant on issues of guilt or punishment?
Brady
What rule requires disclosure of prior reports or statements on the subject an officer will testify about in court?
Jencks
What rule requires disclosure of information about an officer who will testify if it shows dishonesty or bias?
Giglio
Which of these rules could cause an officer to lose their job?
Giglio
Officers may not accept gift from ______
Prohibited sources
The _____ Directive provides guidance to
CBPOs who encounter violations of state law, whether on-duty or off-duty
State crimes
Officers who make official false statements off-duty may face ______
Employment discipline
If their actions are reasonably foreseeable, an officer who is performing official duties based on statutory authority to act, and is acting at the….
Scope of employment
What should you do if you are served with a complaint in a job-related civil lawsuit?
Notify your supervisor and the local Chief Counsel office and provide them with copies of the papers
When will a CBPO qualify for Department of Justice representation in a civil lawsuit?
If the officer was in the course and scope of employment at the time of the incident
