Detentions, Field Interviews, and Field Photographs

Question 0

Federal courts have consistently held that undocumented presence is not a crime but a _____ violation only enforceable by _____ officers.

Answer 0

federal civil; federal

Question 1

Detentions are “_____” under the _____ Amendment. Officers may stop and question individuals when reasonable suspicion that the person may be involved in past, present or future criminal activity exists.

Answer 1

seizures; Fourth

Question 2

Officers detaining a foreign national shall notify the appropriate consular official upon request or when the detention exceeds _____ hours. The Communications Division will maintain a current telephone list of foreign embassies and consulates and a list of mandatory notice countries.
1. Officers shall document in the narrative of the appropriate incident report the _____ Communications was notified of the foreign national’s detention and his claimed nationality.

Answer 2

two; date and time

Question 3

The Miranda Warning will be administered by _____ recording using the following process :

1. Read the Miranda card to the subject in its _____; and
2. Ensure the subject acknowledges, understands, and voluntarily waives his rights by:
   (a) Write the officer’s name and the date, time, and incident number on the face of the card; and
   (b) If practical, request the subject to initial next to each Miranda right and sign the card. If the subject has verbally acknowledged understanding and waiving his rights but does not sign the card, the interview/interrogation may still continue.

Answer 3

audio/video; entirety

Question 4

Mere knowledge or suspicion of gang membership or affiliation _____ a sufficient justification for taking a photograph without consent.

Answer 4

is not

Question 5

Field photographs may be taken without consent only if taken during a detention that is based on reasonable suspicion of criminal activity and the photograph serves a legitimate law enforcement purpose related to the detention.
(a) The officer must be able to articulate facts that _____ indicate that the subject was involved in, or was about to become involved in, _____.

Answer 5

reasonably; criminal conduct

Question 6

FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT
(c) If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been _____, the detention must cease and the photograph _____ be taken.

Answer 6

dispelled; should not