C550 Law Enforcement practice exam Flashcards
The Fourth Amendment requires that all government searches and seizures be:
a) Practical
b) Correct
c) Thorough
d) Reasonable
D
The Fourth Amendment requires that warrants for government searches and seizures be
supported by:
a) Some or Mere Suspicion
b) Reasonable Suspicion
c) Probable Cause
d) Reasonable Certainty
C
What is the purpose of the exclusionary rule?
a) To exclude people from the courtroom who create a disturbance.
b) To ensure that the evidence admitted at a criminal trial is relevant to the guilt or innocence of the
defendant.
c) To deter law enforcement officers from illegally obtaining evidence by denying the government
any benefit from illegal searches and seizures.
d) To exclude any evidence that was obtained from a biased witness.
C
A CBP officer is called by the local police who inform him that a suspect in a recent bank
robbery (a federal felony offense) is headed toward the port of entry. The local police tell the
CBP officer that they have probable cause to believe that this suspect was involved in the
robbery. The CBP officer did not see the robbery take place. The CBP officer sees the
identified person approaching his duty station. Which of the following is a correct statement on
the officer’s authority?
a) He has no authority to arrest the suspect because the crime did not involve a customs or
immigration violation.
b) He has authority to arrest the suspect without a warrant.
c) He has no authority to arrest the suspect unless he obtains an arrest warrant.
d) He has no authority to arrest the suspect because the offense was not committed in his presence.
B
Officers arrest a suspect on a hunch that he was involved in an illegal drug transaction. During
a search following the arrest, they discover a piece of paper in the suspect’s pocket that contains
information providing the officers with probable cause to believe that the suspect has illegal
drugs stored in a warehouse. They obtain a search warrant, search the warehouse and seize
illegal drugs. Are the drugs admissible at the suspect’s criminal trial?
a) The drugs are admissible because the officer who found them had a warrant supported by
probable cause to search the warehouse.
b) The drugs are admissible because the warrant used to conduct the search is valid even if the
probable cause supporting that warrant is not.
c) The drugs are inadmissible as “fruit of the poisonous tree.”
d) The drugs are inadmissible because the officer did not have consent to search the warehouse
C
A law enforcement officer sees a group of men in a heated discussion. The officer approaches
the group and asks, “What’s going on?” One of the men then runs away and drops an item
that turns out to be a vial of “crack” cocaine. Which of the following is a correct statement
about the admissibility of the cocaine at the suspect’s criminal trial?
a) The drugs are inadmissible. The officer did not have the necessary suspicion to approach the men.
b) The drugs are admissible as abandoned property because the officer needs no justification for
approaching the men in this manner.
c) The drugs will be admissible as a search incident to a lawful arrest.
d) The drugs are inadmissible because an officer must arrest the men before asking any questions
B
Customs and Border Protection officers observe a group of teenagers near the border. When
the teenagers see the CBP officers they begin to run away. The officers chase the teenagers and
yell for them to stop. Some of them do stop and others do not. Were any of the teenagers seized
within the meaning of the Fourth Amendment?
a) None of the teenagers were seized since they had not been touched.
b) The teenagers who stopped running at the command of the officers were seized.
c) All of the teenagers were seized when the officers began to run after them.
d) The teenagers who continued to run from the officers and ignored their request to stop were
constructively seized.
B
An officer walking his beat observes Snow and knows that Snow has a past record of drug
violations. Without any suspicion that Snow is currently involved in criminal activity, the
officer decides to question him. The officer approaches Snow, grabs him by the arm and says,
“Come with me, you dirt bag.” Snow then says, “O.K. you got me. The drugs are in my
pocket.” The officer arrests Snow based on his admission, searches his pockets, and discovers
cocaine. Which of the following is a correct statement concerning the admissibility of the
cocaine as evidence in the subsequent prosecution of Snow?
a) The cocaine was voluntarily turned over to the officer by Snow and therefore will be admissible.
b) The cocaine will be inadmissible because an officer must have probable cause, reasonable
suspicion, or a warrant to speak to an individual.
c) The cocaine will be inadmissible because it was obtained as the result of an unreasonable seizure
of Snow.
d) The cocaine will be admissible because it was obtained incident to an arrest.
C
What level of suspicion is required to lawfully seize merchandise for forfeiture or to use as
evidence at a trial?
a) Reasonable suspicion
b) Probable cause
c) Some or mere suspicion
d) No suspicion
B
Reasonable suspicion that a person is engaged in criminal activity is required for which of the
following actions by an officer?
a) An Arrest
b) An immediate patdown during a border search.
c) A routine border detention.
d) An investigative detention
D
Deadly force is:
a) Conduct likely to cause death only
b) Conduct likely to cause to cause death or serious physical injury
c) Conduct that involves the use of a firearm only
d) Conduct likely to cause serious physical injury only
B
A CBP officer is clearing passengers from a flight that has just arrived in the United States
from England. While searching a passenger’s suitcase the officer discovers illegal drugs and the
passenger flees in an attempt to leave the inspection area. Which of the following statements
represents the correct level of force the officer may use in this situation?
a) If the passenger is not threatening harm to anyone, the officer may not use any force to prevent
his escape.
b) The officer may use a CBP firearm to shoot the passenger to prevent his escape from the
inspection area.
c) The officer may use a reasonable degree of force if necessary to prevent the passenger’s escape
from the inspection area.
d) The officer may only use force to prevent the escape if the passenger poses an imminent threat of
death or serious bodily injury.
C
A search under the Fourth Amendment is government action which:
a) Intrudes into a person’s reasonable expectation of privacy
b) Interferes with a person’s reasonable expectation of privacy
c) Isolates a person’s reasonable expectation of privacy
d) Impedes a person’s reasonable expectation of privacy
A
Which of the following is part of the legal definition of a search within the meaning of the
Fourth Amendment?
a) Intrusion into a reasonable expectation of privacy
b) Meaningful interference with possession of an object
c) Private action
d) Reasonable certainty of privacy
A
While one law enforcement officer was lawfully checking the driver’s license of an individual in
a parking lot, a CBP officer walked a trained narcotics detection dog around the exterior of the
car. Before the license check was finished, the dog alerted to the car and a subsequent search
revealed 126 pounds of marijuana hidden in the trunk. Which of the following statements is
true concerning the admissibility of the marijuana?
a) The marijuana is inadmissible because the dog sniff violated the defendant’s reasonable
expectation of privacy.
b) The marijuana is admissible because the owner of the car had no reasonable expectation of
privacy in the contents of his car.
c) The marijuana is admissible because the dog sniff was not a search and the dog’s alert provided
the required probable cause to search the car, which could be searched without a warrant under
the mobile conveyance exception.
d) The marijuana is inadmissible because the officer did not have reasonable suspicion of a drug
violation to walk the dog around the car
C
A narcotics detection dog is led to a baggage area with luggage taken from a domestic flight and
allowed to sniff the luggage. The dog alerts to two of the domestic flight’s bags. Police officers
locate the traveler who had checked the bags and inform him of the dog “hit.” The traveler
falsely claims that he has no luggage. The officers open the bags and discover cocaine. Which of
the following statements is correct concerning the admissibility of the cocaine at the traveler’s
criminal trial?
a) The cocaine is admissible at trial because the traveler gave up his reasonable expectation of
privacy in the bags when he abandoned the bags.
b) The cocaine is not admissible at trial because allowing the narcotics detection dog to sniff the
domestic luggage without a warrant was an unlawful search.
c) The cocaine is not admissible at trial because opening the luggage without a warrant was an
unlawful search.
d) The cocaine is admissible at trial because the dog alerted to the bags and anytime a dog alerts to
an object the police may search the object without a warrant
A
Which of the following is a correct statement about a lawful consent search?
a) Consent must be given in writing.
b) An individual must be told of their right to refuse consent to search.
c) Consent may be revoked by a consenting individual at any time.
d) There must be at least two witnesses to prove that consent was given voluntarily.
C
Which of the following elements is always required to conduct a lawful “Plain View” seizure?
a) The seizure must be made during a warrantless search.
b) The seizure must be made during a search conducted with a search warrant.
c) The seizure must take place where the observation of and access to the object are lawful and the
seizing officer has immediate probable cause to believe that the object is subject to seizure.
d) The seizure may be made where the observation of and access to the object are lawful and the
seizing officer has reasonable suspicion that the seized object is involved in criminal activity
C
Employees of a domestic shipping company discover two fifty-five gallon drums among a load
of cargo they are handling and become suspicious about the contents of the drums. The
employees do not have authority to open the drums or to give consent for police to open the
drums. The employees call the local police and two officers arrive at the scene with a drug
detection dog. The officers allow the dog to sniff the drums and the dog alerts to both drums.
The officers immediately open the drums and discover marijuana. Which of the following
statements is correct concerning the legality of the search of the drums?
a) The search was legal because the officers had probable cause to search based upon the dog alert.
b) The search was legal because the owner of the drums had no reasonable expectation of privacy in
the drums.
c) The search was illegal because the initial dog sniff of the drums was a search that was not
supported by probable cause.
d) The search was illegal because there was no exception to the Fourth Amendment warrant
requirement and the suspects had a reasonable expectation of privacy in the drums.
D
Which of the following statements about the legal definition of merchandise is true?
a) Merchandise is limited to things that are bought and sold.
b) Monetary instruments are considered merchandise.
c) Gold coins are not merchandise.
d) Merchandise includes contraband, but not monetary instruments
B
Which of the following is a correct statement about border searches?
a) Border searches can be conducted only at an actual border.
b) Border searches can be conducted only if there are unusual circumstances that make it impossible
for CBP to obtain a search warrant.
c) Border searches can be conducted without a warrant or probable cause, but must be reasonable in
the manner conducted.
d) Border searches can be conducted only if the searching officer has probable cause to believe a
border crime has been committed.
C
FBI agent, without a warrant or probable cause, conducts a search of a vehicle and its
contents as it enters the United States. Which of the following statements is correct?
a) An FBI agent may never conduct a border search.
b) An FBI agent can always conduct a border search to protect the security of our borders.
c) An FBI agent can always conduct a border search if it is conducted at the actual border.
d) An FBI agent can conduct a border search if he or she is requested to assist a CBP officer
D
CBP officers observe a foreign ship considered a “high risk vessel” for drug smuggling. Soon
after the ship docks, they see three crewmen, who are wearing unusually heavy jackets for the
mild weather, leave the ship walking in a stiff manner with restricted movements. The
crewmen’s behavior, along with intelligence information obtained via TECS, gives the officers
reasonable suspicion that the crewmen may be smuggling drugs. The three crewmen walk out
of the POE exit gate and are followed by the officers until they are approximately 200 yards
from the POE exit gate. The officers pat-down each crewman and discover cocaine. Did the
officers conduct a lawful extended border search?
a) No, because the officers did not have probable cause of criminal activity.
b) No, because the officers did not have reasonable certainty of criminal activity.
c) Yes, because all elements required for a lawful extended border search were present.
d) The officers conducted a lawful FEB border search, but this was not an extended border search
C
A CBP officer receives an anonymous tip that Ed Jones will be departing Chicago O’Hare
Airport for Cali, Colombia, through a connecting flight in Miami, carrying drugs and over
$100,000 in United States currency. Upon locating Ed Jones in the departure area in Chicago,
the CBP officer obtains Jones’ baggage claim tickets and retrieves his luggage, which had been
checked through to Colombia. Which of the following is true regarding the CBP officer’s
conduct?
a) He must obtain consent from Ed Jones to examine the luggage.
b) He may examine the luggage, but only if a drug dog alerts to it.
c) He must obtain a search warrant to examine the luggage.
d) He may conduct an outbound border search of the luggage.
D
In order to conduct a border search at the extended border, which of the following must be
true?
a) Before the extended border search is conducted, a CBP officer must first perform a functional
equivalent of the border search at the port of entry.
b) There must be reasonable suspicion of criminal activity.
c) There must be proof beyond a reasonable doubt that there has been no material change in the
thing to be searched since border nexus.
d) There must be some or mere suspicion of border nexus
B
A ship carrying cars from Japan arrives in the U.S. at the port of entry in Brunswick, GA.
Upon arrival, the ship bypasses the normal docking piers because they are being repaired and
instead docks at a temporary pier further “up river.” Under these circumstances, can a CBP
officer perform a lawful border search of the ship at the temporary pier?
a) A border search of the ship may be conducted because the ship is at the extended border.
b) A border search of the ship may be conducted because it is at the functional equivalent of the
border (FEB).
c) A border search of the ship may not be conducted because the ship is not at a fixed port of entry
facility.
d) A border search of the ship may not be conducted unless officers develop reasonable suspicion of
criminal activity
B
Jones arrives at the airport in Atlanta intending to fly to Iraq via a connecting flight through
Frankfurt, Germany. CBP officers suspect that Jones has illegally transported weapons out of
the United States in the past. When Jones arrives at the airport he checks his luggage with the
airline through to Iraq. After checking his luggage, he then proceeds to the gate area and
enters the jet way to board the plane to Frankfurt, Germany. Which of the following statements
is correct?
a) Jones is not at the functional equivalent of the border (FEB) and therefore is not subject to a
border search.
b) Jones is subject to a lawful outbound border search, but only after he is seated on the plane.
c) Jones and his luggage are both subject to a lawful border search at the FEB outbound.
d) Jones is subject to a lawful border search at the FEB outbound, but his checked luggage is not
C
CBP officers approach a small speed boat entering a private U.S. marina. Based on intelligence
from CBP Air-Marine officers, they know that the boat recently crossed the border into U.S.
territorial waters and remained under constant surveillance since doing so. As the boat docks,
the officers see several individuals carrying duffel bags jump from the boat and get into a
waiting truck. The CBP officers stop the truck as it attempts to drive away. They search the
truck and discover cocaine hidden in the duffel bags. Which of the following statements is
correct regarding the search of the truck?
a) The search was a lawful mobile conveyance search.
b) The search was unlawful because CBP Officers may only search a conveyance that has crossed an
international border.
c) The search was a lawful hot pursuit search.
d) The search was a lawful functional equivalent of the border search
D
CBPO working at the Port Everglades POE receives information that terrorists in Greece are
using cruise ships as a means of transportation and entry. When the next cruise ship docks, the
CBPO refers all people who look Greek to secondary. The CBPO has:
a) Not violated DHS Race Neutrality policy because he had information related to the individuals he
referred
b) Not violated the DHS Race Neutrality policy because his actions were related to the prevention of
terrorism
c) Violated DHS policy because he conducted a law enforcement action based on a person’s
apparent race or ethnicity
d) Violated DHS policy which states that an officer can NEVER take a person’s race or ethnicity
into account when taking law enforcement actions
C
A person arriving in the U.S. tells a CBP officer that the bag he is carrying is an official
consular pouch and may not be opened or examined. He produces documents that properly
identify the bag as an official consular pouch. A narcotics detection dog is in the area and alerts
to the pouch. Which of the following is a correct statement regarding a border search of the
pouch in this situation?
a) The officer may immediately search the pouch.
b) The officer may not search the pouch and must admit it into the U.S.
c) The officer may search the pouch, but only after obtaining a search warrant.
d) The officer may ask the consular official for permission to search the pouch, and if the official
refuses the pouch may be denied entry into the U.S
D
Which of the following is a correct statement regarding diplomatic immunity in the U.S.?
a) All persons who function as diplomats and their family members, regardless of citizenship, are
entitled to diplomatic immunity.
b) United States citizens are never entitled to diplomatic immunity in the U.S.
c) All persons carrying A-1 visas, regardless of their function as diplomats or citizenship, are
entitled to diplomatic immunity.
d) U.S. citizens who are traveling with a head of state are entitled to diplomatic immunity
B
A car enters the U.S. from Mexico at a port of entry. What level of suspicion is necessary for a
CBP officer to perform a search of the car for merchandise, aliens, or evidence of admissibility?
a) Reasonable certainty that the car contains prohibited merchandise.
b) Some or mere suspicion that the car contains prohibited merchandise.
c) Probable cause that the car contains prohibited merchandise.
d) No suspicion is necessary to conduct a border search of the car.
D
CBP officers conduct a search of a suitcase at the functional equivalent of the border (FEB).
They notice that the suitcase is heavier than similar sized suitcases and its shell does not bend as
expected. The officers x-ray the suitcase and the x-ray reveals several small packages inside the
shell of the suitcase. Which of the following statements is correct?
a) The CBP officers conducted a lawful border search of the suitcase.
b) The CBP officers did not conduct a “search” within the meaning of the Fourth Amendment
because the owner had no reasonable expectation of privacy in his suitcase at the border.
c) The CBP officers conducted an illegal border search of the suitcase because they did not obtain
the owner’s consent for the x-ray search.
d) The CBP officers conducted an illegal border search of the suitcase because they did not have the
required probable cause to conduct the x-ray search.
A
A CBP officer examines the undercarriage of a car during a border search and sees that the gas
tank has been recently removed and replaced. The officer has the gas tank removed from the
vehicle and discovers that it contains wrapped packages of marijuana. Which of the following
statements is correct?
a) The search of the vehicle’s gas tank was unlawful because the CBP officer did not have the
necessary level of suspicion to perform the search.
b) The search of the vehicle’s gas tank was lawful because the CBP officer needed no suspicion to
perform this search.
c) The CBP officer’s removal and examination of the vehicle’s gas tank was not a search within the
meaning of the Fourth Amendment because travelers have no reasonable expectation of privacy
in a vehicle at the border.
d) A CBP officer must obtain the driver’s consent before removing the gas tank from a vehicle, the
search in this case was therefore unlawful because consent was not obtained
B
An Aero Mexico flight from Mexico City, Mexico, to Madrid, Spain stops in San Juan, Puerto
Rico to refuel. During the refueling stop a passenger disembarks the plane and enters the
secure Federal Inspection Area. A CBP officer searches the passenger’s handbag and finds
illegal drugs. Which of the following statements concerning this search is correct?
a) The CBP officer did not have any authority to search the handbag because the passenger was only
in-transit through the United States.
b) Reasonable suspicion was necessary to conduct a search of this handbag.
c) The CBP officer’s examination of the handbag was not a search within the meaning of the Fourth
Amendment because travelers have no reasonable expectation of privacy in items carried onto an
airplane.
d) The CBP officer conducted a lawful border search of the handbag
D
A CBP officer observes several containers being off-loaded from a freighter ship just arriving
from Chile and would like to search the containers. Which of the following statements is
correct?
a) No suspicion is necessary for the CBP officer to border search the containers.
b) Some or mere suspicion is necessary for the CBP officer to border search the containers.
c) Probable cause is necessary for the CBP officer to border search the containers.
d) Reasonable certainty is necessary for the CBP officer to border search the containers
A
Which of the following is a correct statement regarding a border search of personal baggage
entering the United States from Canada?
a) A CBP officer may search the baggage with no suspicion.
b) Any federal officer may search the baggage with no suspicion.
c) A CBP officer may search the baggage, but only if he has reasonable suspicion that it contains
contraband.
d) Any federal officer may search the baggage, but only if he has probable cause that it contains
contraband.
A
Which of the following searches is not subject to the requirements of the Personal Search
Handbook?
a) Immediate Patdown Search
b) Patdown Search
c) Partial Body Search
d) Search Incident to Arrest
D
CBPOs have noticed what appears under clothing to be a square shaped packaged attached to
Joe Smith’s back as he seeks to enter the United States through a pedestrian lane. The CBPOs,
without any other information or direction, take Joe to a search room and conduct a patdown
search which confirms a square package taped to Joe’s back. The package is later found to
contain cocaine. The CBPOs patdown search of Joe is:
a) Not a violation of CBP policy because they did everything the policy requires.
b) Not a violation of CBP policy because they found illegal narcotics.
c) A violation of CBP policy because they did not get a supervisor’s approval for the patdown
search.
D.A violation of CBP policy because the officers needed reasonable suspicion to conduct a patdown search and they did not have it.
C
Which of the following statements is correct with regard to “custody” for Miranda purposes?
a) A person is in “custody” for Miranda purposes during routine CBP questioning at the border.
b) A person is in “custody” for Miranda purposes only when he has been arrested.
c) A person is in “custody” for Miranda purposes when he is subject to a patdown search at the
border.
d) A person is in “custody” for Miranda purposes when he is under arrest or in arrest-like conditions
D
Which of the following would qualify as “interrogation” for Miranda purposes?
a) Routine CBP questioning of a traveler entering the United States.
b) A question which the CBP officer knows is likely to bring about an incriminating response.
c) All questions posed to a criminal suspect.
d) Any questions relating to personal data and background of a suspect placed under arrest.
B
CBP officers find drugs hidden on Smith when he arrives in the United States on a plane from
Colombia. The officers arrest Smith. They do not give him Miranda warnings and they do not
interrogate him. While Smith is waiting for transportation to the local jail he suddenly says,
“This is all Sam’s fault. He’s the one who came up with the smuggling plan.” Is Smith’s
statement admissible at his criminal trial?
a) The statement is inadmissible because Smith was not advised of his Miranda rights.
b) The statement will be admissible only if Smith was given a Miranda warning immediately after
making the statement.
c) The statement will be admissible only if an attorney was present at the time Smith made the
statement.
d) The statement is admissible
D
Rayne is arrested for smuggling cocaine into the U.S. in the false bottom of a suitcase. The duty
ICE agent instructs CBP officers to read Rayne a Miranda warning. Rayne invoked his
Miranda rights and requested a lawyer. Rayne was then transported to jail by a CBP officer.
During the ride, the officer asked Rayne whether he wanted anything to eat. Rayne responded,
“Sure, I’m pretty hungry because I didn’t swallow the drugs this time.” Was Rayne
“interrogated” by the CBP officer within the meaning of Miranda?
a) Yes, because the CBP officer asked Rayne a question without a lawyer present.
b) No, because the CBP officer did not ask a question that he knew or should have known was likely
to elicit an incriminating response from Rayne.
c) Yes, because the CBP officer asked a question that he should have known was likely to elicit an
incriminating response.
d) No, because the questioning took place away from the port of entry and interrogation can only
take place at a federal facility.
B
A passenger suspected of smuggling drugs is undergoing a lawful partial body search at the
port of entry. The CBP officer finds a substance that appears to be illegal drugs and begins to
question the passenger about whether the drugs are his. The passenger makes several
incriminating statements. The passenger was never told he was under arrest and was never
given a Miranda warning. Which of the following is correct regarding the admissibility of the
passenger’s statements?
a) The statements will not be admissible because they were the result of an unwarned custodial
interrogation.
b) The statements will be admissible because the passenger was not in custody.
c) The statements will not be admissible because the passenger was never told that he was under
arrest.
d) The statements will be admissible because the statements were made during a routine border
detention
A
When is a person considered a “juvenile” under federal law?
a) Under the age of 18.
b) Between the ages of 18 and 21.
c) Under the age of 21.
d) At ages 18 or 19, depending on the legal drinking age in the state
A
When a CBPO arrests a foreign national, she should:
a) Provide the foreign national with a telephone so that the foreign national can call his consulate.
b) Offer, without delay, to notify the foreign national’s consular officials of the arrest.
c) Call the foreign national’s consular official without consulting or asking the foreign national of
his wishes.
d) Do nothing with regard to the foreign national’s consular officials
B
CBP Officer Doe testifies at the defendant’s trial regarding a border search and seizure of
drugs leading to the defendant’s arrest. Which of the following is a correct statement regarding
Officer Doe’s written report about the incident?
a) The report, like all government reports, must always be kept confidential.
b) The report must be given to the defense.
c) The report will never be available for inspection by the defense if the officer testifies in person at
the trial.
d) The report will be given to the defense only if the defense can show that it proves the officer lied
about the events on which he is to testify.
B
A CBP Officer arrests an individual entering the U.S. after finding illegal drugs in his suitcase.
The officer writes a Search, Arrest and Seizure (SAS) report in TECS concerning the
circumstances of this arrest. Several months later, the officer testifies at the suspect’s criminal
trial. Which of the following statements correctly describes the government’s obligation to
disclose the SAS report to the defense?
a) The SAS report must be given to the defendant’s counsel.
b) The SAS report must be disclosed only if the suspect appeals his conviction.
c) The SAS report is “Brady Material” that must be disclosed to the defense.
d) The SAS report is not subject to disclosure because it is a confidential government document
A
Joe Doe is being prosecuted on murder charges. The police have in their possession a signed
confession to the murder given by Todd Swan, but the police do not believe him. The police do
not disclose the signed confession to the defense during discovery or at trial. Which of the
following statements regarding disclosure of Swan’s confession is correct?
a) The signed confession is privileged information that may not be disclosed to the defense.
b) The failure by the police to turn over the signed confession to the defense is a violation of the
Brady rule.
c) The confession is “Jencks Act” material and must be turned over to the defense counsel upon
request.
d) Confessions are not subject to discovery unless the police have probable cause to believe that the
confession is true
B
The State Crimes Directive provides guidance to officers who encounter violations of state law
while:
a) On-duty only
b) Off-duty only
c) As a private citizen only
d) Both on-duty and off-duty
D
Specific off-duty conduct that may have employment consequences for a CBPO include all of
the follow EXCEPT:
a) Gifts from an importer seeking clarification of a duty classification from CBP.
b) Gifts from a customs broker.
c) Gifts from a commercial truck driver entering the United States.
d) Gifts from CBP recognizing years of service.
D
An officer is “performing official duties” for scope of employment determinations when he:
a) Has statutory authority and direction by CBP to act.
b) Has state statutory authority to act only.
c) Has federal statutory authority to act only.
d) Has direction by CBP to act only
A
A CBP officer is driving to a training seminar that his supervisor told him to attend. The
officer runs a red light and causes an automobile accident. A person who suffered injuries in
the accident brings a personal lawsuit against the officer. The officer was negligent in causing
the accident. What should the officer do?
a) Because he was the negligent party, the CBP officer will have to hire his own attorney to defend
the lawsuit.
b) The officer is not required to take any action.
c) The officer should copy all papers served in connection with the lawsuit and send them to his
supervisor and his Associate/Assistant Chief Counsel.
d) The Officer should orally contact the CBP Office of Chief Counsel and demand they settle the
case on his behalf.
C
