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Applied Authorities > Chapter 1 US BRANCHES And CBP > Flashcards

Chapter 1 US BRANCHES And CBP Flashcards

0
Q

Describe the role of the legislative branch of the U.S. Government. (Article I)

A

Gives congress the power to do certain things
1. Regulate trade and commerce with foreign nations. 2. Establish rules for citizenship and naturalization and immigration.

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1
Q

Describe the principle of limited power on which the U.S. Government is built.

A

Significant events in the colonial history of the U.S. Declaration of Independence US constitution (limits the powers of US Government in 3 ways basic ways. Checks and balances and bill of right which list specific things the government can’t do. Legislative(congress makes law), executive(president enforces law) and judicial(courts interpret law)

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2
Q

How congress exercises these powers by passing laws called statues.

A

Congress first passes a new statute in a form called public law. Examples IMM NAT ACT(INA) of 1952 public law no. 85-316 (1952) later made into us codes

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3
Q 
4 major title and codes 
Title 8 USC
Title 18 USC
Title 19 USC s 1589a (section number)
Title 21 USC
A

Title 8 immigration statues
Title 18 includes federal crimes
Title 19 custom statues
Title 21 controlled substance crime

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4
Q

2 basic types of statues civil and criminal

A

Civil statue-create rules of conduct and regulate relationship between individual parties
(People) by awarding money or controlling what a person may or may not due.reguard with reguard to another person
Criminal statue- defines in harming all of society and deserving punishment, and purpose is to punish offenders
Sometimes the violate both civil and criminal.

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5
Q

Executive branch- president enforces laws
15 executive branch departments which of each is headed by secretary. Break down
Policies and directives are not the law jus rules for the agency.

A

DHS-CBP-OBP

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6
Q

Judicial branch (article III) interprets the law

A
  1. Did the person violate the law (civil or criminal) 2. Is a statue valid (consistent with the constitution)? 3. Is a regulation lawful (consistent with the constitution and statute(s) that authorized it)
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7
Q

Trial courts

Appellate courts

A

Trial courts- are courts where each side in a legal dispute got to be heard by a judge or a jury. 2sides persuade judge and jury. (Evidence and arguments) 1.what happen? 2.And how does the law apply? APPELLATE Courts appeal (challenge) the decision by a trial court, 1.must identify legal mistake or error 2. Was the seizure lawful by officer 3. They can reverse trial and open for new trial

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8
Q

Structure of federal court system

A
  1. 11 circuit courts
  2. Appellate courts- 1 in every circuit court
  3. 94 district courts each state at least has one
    Circuit courts hear appeals from district courts.. They all must bind the the rules of the circuit court.
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9
Q

State courts.

A

State courts are separate from federal, neither are above or below. And an agent may get in trouble in state or federal or maybe both.. An federal agent and state officer can arrest an individual for both state and federal violation
1. Certain cases in state may go to the Supreme Court.

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10
Q

Administrative courts.

A

Fall in the executive branch. For example an immigration court decides weather to deport an alien due to immigration, by an immigration judge. And can be appealed in the. US District court and US Circuit court in the judicial branch

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11
Q

Chapter 2 What are the enforcement authority of an border patrol agent.

A
  1. Stop and detain people and things at or near the border.

2. question people regarding there immigration status 3. Search people and things. 4. Arrest violators and seize goods.

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12
Q

Courts will decide the final actions on border patrol agent.

A
  1. If actions wer reasonable and the level of suspicion the agent had when began search or seizure.. 2. Levels of suspicion are labels to describe. Level of suspicion for enforcement action. 3. It’s always the level of suspicion the agent had before starting and beg fining the
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13
Q

Types of suspicions.

A
  1. Zero or mere suspicion
  2. Some or mere suspicion-personal suspicion or hutch.
  3. Reasonable suspicion-might suspect
  4. Probable Cause-more heavy and likely, like dog alert.
  5. Reasonable certainty-very sure- firm belief
  6. Proof beyond reasonable doubt-the amount of information to convict someone.
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14
Q

Articulable facts

A
  1. Objective- Are specific and observable, agent can describe in words and personal obverstions. 2. Good quality 3. View in agents training and experience. Like u seeing a car ridding low and other people Dnt see it but u do 4. Taking everything together view all the articulable fact.
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15
Q

Articulable facts come from?

A
  1. Come from people and things
  2. Physical evidence
  3. Intelligence gathered by other agents and available on computer information
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16
Q

Consequences exceeding constitutional powers and limitations.
Exclusionary rule.

A

Unlawfully obtained evidence is never to be I use. Only a person who’s rights were violated can challenge.

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17
Q

Chapter 3

Seizure of an object.

A
  1. Government, an officer of the government
    Or person ordered by government
  2. Interference- a seizure occurs whenever there has been meaning full interference
  3. Possessory interest- is not about who owns the object but who is in possession of it
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18
Q

Seizure of a person.

A
  1. Government
  2. Interference with a person freedom of movement.
    Government termination of freedom of movement.. Where a reasonable person would not feel free to leave.
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19
Q

Consensual encounter

A
  1. Approaching person in a public place
  2. Identifying yourself as law enforcement officer
  3. Asking if you would mins answer some questions.
  4. Examining and returning documents that are in his possession.
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20
Q

3 types of 4th amendment seizures

A
  1. Temporary seizure based on zero suspicion
  2. Temporary seizure on reasonable suspicion of unlawful activity.
  3. Permanent seizures based on probable cause. A. Arrest of a person of probable cause that a crime as been committed. B. Seizure of an object as evidence, instrumentality proceeds , or for forfeiture.
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21
Q

Temporary seizures with zero suspicion.

A
  1. Immigration checkpoints
  2. POE
  3. DUI/license checkpoints
  4. vessel and document check
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22
Q

Due diligence

A

Using time an apropiate manner

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23
Q

Outcome of investigative detention

A

1.Must have reasonable suspicion
2.u can arrest if u develop proble cause if person is committing a crime
3.probale cause that a person a can seize if the objet is contraband.
4. The person develops a new reasonable suspicion. That another crime is taking place.
End or chapter 3

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24
Q

Chapter 4.
Due diligence
How long was the person detained.

A

Means agents used there best efforts to resolve there suspicion using the least intrusive means possible.

  1. They can only search what is there reasonable suspicion. 2. The number of suspects and agents involved. 3. If the suspected said false information, that required more time 4. (Location, time of day, number of suspects, behavior, waited for back up
  2. Weather the agent called the canine in a timely manner. Communication or computer problems delaying.
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25
Q

Was the suspect told he was under arrest.

A

Agent must inform subject he’s is under arrest.. And be careful what u tell ur co workers subjet might here

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26
Q

Frisk for weapons

A

Armed and dangerous. Pat down for weapons. And more into depth probale cause, also a dog sniffiinf a vehicle or object is not a search

27
Q

Chapter 5.

Search (legal definition)

A

Government
Intrudes into
REP

28
Q

Types of intrusion

A
  1. Physically entering into private property
  2. Putting hands on a person
  3. Touching the outer covering of a piece of luggage.
29
Q

Reasonable expectation of privacy

A

1.A person believes that his conduct and location is private.
2.And what society believes is private as well.
What

30
Q

Curtilage

A

Is the area immediately surrounding a dwelling, which the government is prohibited from entering in order to protect privacy itself. Most agriculture buildings have no Curtilage if they are not open to he public.

31
Q

Situation where there is no REP

Open field

A

Farm and ranch located outside Curtilage. Of any dwelling on the property. Federal law controls your duties not state. 25 miles from border to enter private lands. An agent cannot enter a farm and integrate a person believed to be an alien, need consent of the owner or manager or search warrant. Only can enter when arresting a bona fide felon.

32
Q

Abandoned

A

And owner shows intent to give up all rights to the property. And when u say u Dnt own it u give up the right even tho someone else might claim it. But u lose possessory right. Leaves the door open of a car mean he abandon it.

33
Q

Lost property is not Abandoned property.

A

We cannot know the owner intent so the property might be involuntary

34
Q

Use of sensory equipment.

A

Jus allows the government to see better or hear better. More than. That it intrudes REP.
Flash light binoculars night vision and infrared imaging. And aircraft above 400feet is not intrude

35
Q

Canine cannot sniff people

A

Once canine alerts it’s probable cause

36
Q

Chapter 6 what u need to get a warrant

A

The agent prepares an application and affidavit identifying the place to be searched, the things to be seized. And the PC that’s those items will be found at a particular location, or arrest warrant identifying the person to be arrested. And PC. AUSA Must review warrant before submitting to judge. Court will place agent under oath. That’s all in affidavit is correct. US magistrate will issue warrant if she finds fact and circumstances to establish PC.

37
Q

Rules serving warrant.

A

Served within 14 days
Daytime hours 6am 10pm unless junge grants diff time. Knock and announce, judge may waive reguarding circumstance, like agents in risk or lost of property. Or something unexpected occurred. Violation may ruin everything. Give the occupant warrant before search. And investtory things taken. Person inside can be detained. And if RS occurs may frisk for weapons, agent must return to judge of inventory of things seizedZ

38
Q

Items or persons seek with a lawful warrant include.

A

Evidence of the commission of a particular crime. Contraband crimmsnly possessed, items used to criminal offense. Arrest there is PC..

39
Q

Items that may be seized.

A

Items listed on warrant

Items no listed but subject to seizure under plain view seizure. The next warrant exemptions require probale cause

40
Q

Arrest In public place.

A

A place where u are lawfully present. Like business or a member of the public who is invited to the business.. And agriculture that have invitations.

  1. Person has committed or is committing a crime. 2. Unlawfully present alien.
41
Q

Plain view seizure

A

If officer is in position of iteams and know it’s illegal. Officer may get it. Lawful observation. Open view. Seeing drugs through the window.

42
Q

Person hot pursuit

A
  1. Probable cause to arrest a fleeing felon. 2.
    PC to believe that the person has entered an REP protective area.
    The person goes in REP u must enter right behind. And must know where the suspect is at. There must be a need for speed.
43
Q

Object- now or never

A

The agent has PC that the seizable object is in location entered.
Agent has probable cause that the object is in immediate removal or destruction. Fear is not enough. Consists of vehicles buildings and containers.. And extend to individuals. Where searching an individual is crustal that warrant may take a long time. Because lot of evidence.

44
Q

Emergency search.

A

PC to believe that a true emergency of ( loss of life and property) in REP area. When the emergency is over u can’t go back in, must get a warrant.

45
Q

Readily mobile conveyance. (Carroll doctrine)

A

PC that u believe that the vehicle has contraband. No warrant is required.
1. PC that seizable property is located in the conveyance (car boat plane ext)
2. That conveyance is mobile and readily mobile.
If it’s out of order then I cannot engage in warrantless search. (When, where, (anywhere) what) page 10. End of chapter 6

46
Q

Chapter 7 (SIA)

A

No suspicion required. The reason for this is to check Arrestee, for weapons evidence and means of escape. In the possession of immidiate area.. It is connected to a lawful arrest. Immediately before the arrest there must be a probable cause must exist. Or after arrest. Reasonable suspicion is required to search underneath clothing. Anything can be searched from the Arestee. And anything within the Arrestee immediate control. U can look anywhere in vehicle. when you arrest someone you can search anywhere in the house where a person can hide.

47
Q

Consent searches

A

If you consent was given voluntarily a person with authority on article or area to be searched and the search stays with limits in consent.

48
Q

Who may consent

A

People who owned the area, when police believe to share authority over the area. Actually authority. Person exes to the property is responsible, hey houseguest may consent but we cannot search his property or his room in which he is staying.

49
Q

Protective sweeps.

A

Officers can make a protective sweep if they reason to be suspect that there are articulable facts that others are present may be a threat. Only way a person can be located, if you find someone make sure you Frisck him.

50
Q

Inventory searches

A

Must be within governmental custody.no suspicion is required. Protects agents for liability purposes. And valuable iteams, property must be subject to forfeiture. Dnt collect abandon vehicles if only happen during seizure. Not before, as long as it gets done ASAP. End of chapter 7.

51
Q

A lawful border search must be performed by an author authorized government officer, Who may search merchandise evidence of admissibility or aliens at the border…
1.performed by government officer

A
  1. border patrol agents CBP officer’s air in marine interdiction agents.
  2. ice special agents,
  3. Officers of the Coast Guard E-4 above
  4. Others designated by CBP or ice federal state local or foreign law enforcement officers,
52
Q

Searching for merchandise, evidence of a person admissibility, or aliens.

A
  1. Merchandise if you could touch it and if it’s not part of the human body.
  2. Evidence of a person admissibility which is documents and when stories don’t add up and any items.that tend to prove the alien is inadmisable.
53
Q

FEB Inbound

A

A border search of people or objects that have just entered the United States from a foreign location.

54
Q

Border Nexus

A

When someone from a foreign location. Had meaningful contact with someone or something across the border.

55
Q

Material change

A

Only have the added not throw away, if they added stuff inside the vehicle, the agent would only have authority to search the trunk and engine compartment.

56
Q

Possible/Practical

A

The Borders search would be possible in between the river but practical when he reached land.

57
Q

FEB Outbound

A

Hey what are certain people or objects that are just about to leave the United States.

  1. Will be searched or object before leavingU.S
  2. Reasonable certainty no material change.
  3. last practical detention point opposite of FEB INBOUND
58
Q

Outbound border searches conducted to ensure that exports comply with the U.S. law.

A
  1. Currency reporting

2. Export controls

59
Q

Extended border

A

An inbound border search conducted at some point beyond the first practical detention point.

  1. Reasonable certainty of a border nexus. (Meaning contact)
  2. Reasonable certainty of no border change.
  3. RS of criminal activity.
60
Q

Border search procedures.

A

Containers, objects and conveyances..
No suspicion is required to search merchandise.
Cars, truck, buses, planes, traines. Etc also any part of boats.

61
Q

To destroy items u need RS.

A

An agent must have reasonable suspicion that merchandise is being smuggled into or out of the U.S. Or seek supervisory guidance/approval.

62
Q

Leaving the border

A

Is not illegal, so searching in between the U.S. with FEB Outbound may be he only way to know.

63
Q

Searches in person

A

U can pat down people and there stuff FEB Inbound or outbound. And to remove clothing you must have reasonable suspicion.
We can analyze. Documents, books, pamphlets and other printed material.
Computers disks, hard drives and other electronic or digital storage devices.
U need RS to search hard drive. PC to make copies if illegal activity is found. To retain originals too, end of chapter 8

64
Q

Chapter 9

A

..

Applied Authorities (3 decks)

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