Drug trafficking Flashcards
Maritime Drug Law Enforcement Act (MDLEA)
- Knowingly or intentionally manufacture, distribute or possess with intent of a controlled substance or
- any person on board a US vessel or vessel subject to US jurisdiction OR US citizen or resident alien on board any vessel.
o US boat = any boat registered in US. Registered boats fly the US flag.
o US person owns the boat, even if registered in a different country.
o Owned in whole or in part by a US citizen.
o US person includes US corporations
A vessel is subject to US jurisdiction when
- Boats operating in high seas need to display flag of their registered country. Boats not flying a flag are referred to as pirate ships and are subject to the jurisdiction of any country.
- An assimilated stateless vessel in subject to US jurisdiction.
- Any vessel in US Customs waters are subject to US jurisdiction.
- If the foreign country grants the US permission to board and deal with the drug issue
Colombian plane leaves Cali, Colombia and lands at Los Angeles International Airport (LAX). A USC passenger has in his possession 10 pounds of cocaine. Is there an aviation smuggling violation?
Yes.
Brazilian national on board a vessel flying a Norwegian flag 32 miles off
U.S. coast. Traveler has 50 pounds of cocaine. Upon stopping the vessel,
the master of the vessel claims Norwegian registry, but upon contact
Norway denies registry. Is there a MDLEA violation and, if so, which
option makes that available?
Yes, pirate or assimilated stateless vessel
U.S. citizen in possession of 18 pounds of marijuana on board a French vessel 26 miles east of Norfolk, Virginia. Is there a MDLEA violation
and, if so, which option makes that available?
Yes, U.S. citizen
Possession of 18 pounds of marijuana is a drug violation
Note: M.O.T.R. (see Chapter 3) requires you to obtain permission
to board from the master of the vessel or obtain a Statement of No
Objection (to board) from France.
CBP found 400 pounds of marijuana in secret compartments of Frank’s car after he drove it into the Del Rio, Texas port of entry. After being called to the port to investigate, Frank admits that he knew about the drugs and was told to deliver them to Pete in Austin, Texas. Which of the following crimes did Frank not commit?
a. 21 U.S.C. § 952 – importation of a controlled substance.
b. 21 U.S.C. § 953 – exportation of a controlled substance.
c. 21 U.S.C. § 841 – manufacture, distribution, or possession with the intent
to distribute controlled substances.
d. 21 U.S.C. § 846 – conspiracy to distribute controlled substances.
b. 21 U.S.C. § 953 – exportation of a controlled substance.
Czech national traveling with 12 pounds of cocaine on board a Japanese registered ship flying a Danish flag 16 miles off the coast of Puerto Rico. Is there a MDLEA violation and, if so, which option makes that available?
a. No, we need to obtain permission to board from Yemen.
b. Yes, we are on good terms with Japan.
c. No, we need to obtain permission to board from Japan.
d. Yes, this is an assimilated stateless vessel and subject to U.S. jurisdiction
d. Yes, this is an assimilated stateless vessel and subject to U.S. jurisdiction
Colombian plane has just left Cali, Colombia bound for Houston, Texas. The pilot has 10 pounds of cocaine. Is there a 19 U.S.C. § 1590 Aviation Smuggling violation?
a. Yes, HSI has the legal authority to enforce drug violations throughout the world.
b. No, 19 U.S.C. § 1590 Aviation Smuggling does not allows us to pursue
drug violations.
c. Yes, the pilot is in possession of merchandise that he intends to introduce into the United States contrary to law.
d. No, there is an agreement with Colombia to not prosecute Colombian drug violators in the United States.
c. Yes, the pilot is in possession of merchandise that he intends to introduce into the United States contrary to law.
Schedule 1 drugs – no accepted medical use
o Heroin o Lysergic acid o Marijuana o Peyote o Methaqualone o DMT o GHB o Ecstasy - MDMA
Schedule 2 Drugs – have a medical use
o Meth
o Cocaine
o Fentanyl
Drug Trafficking Cycle
o Production
o Smuggling: boats, vehicle, drone, aircraft, parcel, human carry, cargo shipment
o Warehousing: After drugs crossed the border stored in a residential home.
o Cutting
o Transporting
o Multi-pound distro
o Street level distro
o User
o Movement of proceeds: Can be cash, bitcoin
DEA/ICE interagency agreement
o DARTS/DICE entry is mandatory. HSI must share information
o HSI will investigate narcotics smuggling with articulable nexus to the border or POE.
Can an Agent transport drugs alone?
drug evidence is never to be transported alone. Another Agent or TFO should accompany the seizing Agent to both the field office and to the mail carrier
Documentation of the Seizure and Bagging the Drugs
- Document the transfer to the DEA Lab on a DEA Form 7, and document on a 6051. Directions to complete a DEA Form 7 are on the back of the form.
- In addition to the line item listed on the 6051 and evidence bag, an “exhibit” number must be listed on the evidence bag. Each drug or separate sample receives a sequential number.
- Seal each evidence bag with evidence tape and a CBP Form 366A label. The 366A label should be placed across the tape seam.
Process when locating drugs
- Photograph
- Preserve container – packaging and money will be fingerprinted in CBP lab
- Conduct field test (unless fentanyl)
- Document the seizure and bagging of drugs
- Track chain of custody
- Drugs must be turned over to CBP or DEA lab
a. Drugs can’t be stored more than 72 hours
b. DEA form 7 must be submitted to with submission to DEA lab.
