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SA > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

What amendment does not apply to physical evidence as it is testimonial?

A

5th amendment

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2
Q

Under the 5th amendment can a suspect be ordered to provide a blood sample, urine or saliva?

A

Yes , providing that evidence does not have testimonial aspect

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3
Q

What is the test for the fifth amendment right against compelled self-incrimination?

A

Voluntariness

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4
Q

Wh at is the test of a defendants statement under the 5th amendment right against compelled self-incrimination ?

A

Whether it was voluntary or not

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5
Q

What has the Surpreme Court held is necessary to find that a confession is involuntary?

A

Coercive police activity

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6
Q

What are the 4 acceptable practices that police can use to obtain information?

A
  1. Admonition to tell the truth
  2. Statement of coooperation
  3. Confronting someone with evidence
  4. Mild deception
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7
Q

What also applies to interrogations and utilizes the same voluntariness test, however it is only applicable to state and not Federal cases?

A

The Due Process Clause of the 14th amendment

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8
Q

What is required prior to custodial interrogations?

A

Miranda warnings

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9
Q

When are Miranda warnings required?

A
  1. Cops
  2. Custody
  3. Questions ( interrogation)
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10
Q

T or F? The term custody for purposes of Miranda differs from the 4th amendment term seizure?

A

True

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11
Q

What is generally recognized as the hallmark of formal arrest?

A

Handcuffing

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12
Q

What are the key exceptions to Miranda?

A
  1. public safety
  2. Routine traffic stops
  3. undercover covert questioning
  4. Routine booking questions
  5. Impeachment
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13
Q

A valid Miranda waiver can be?

A

Expressed or implied

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14
Q

what are 2 ways to invoke Miranda rights?

A

1) the defendant indicates that he or she does not wish to say anything
2) that they ish to have an attorney

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15
Q

What happens if a suspect invokes his right to counsel?

A

Questioning must stop unless the lawyer is present or the suspect reinitiates questioning about the investigation

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16
Q

When does a suspects right to counsel arise?

A

At the time the adversarial judicial process begins

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17
Q

What’s purpose is to be represented by counsel to assist the accused in preparing their defense to trial?

A

The 6th amendment

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18
Q

Formal criminal charges are initiated against a defendant in one of 3 ways

A
  1. Indictment returned by grand jury
  2. Information filed by federal prosecutor
  3. Initial appearance of the defendant after arrest
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19
Q

What amendment is offense specific while Miranda is not?

A

6th Amendment

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20
Q

If a defendant in custody who invokes his right to counsel, how can he be be reproached for questioning?

A

If his counsel is present

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21
Q

Which amendment is known as the Fruit of the Poisonous Tree Doctrine?

A

4th amendment

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22
Q

How long is a law enforcement officers safe harbor after a suspect’s arrest within which to question him before presentment to a magistrate for initial appearance?

A

6 hours

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23
Q

When should a juvenile be read their Miranda rights?

A

Immediately following their arrest

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24
Q

What is triggered after any arrest, detention, or other commitment to custody which results in a foreign national being incarcerated for more than a few hours?

A

Notification requirements under U.S Dept of State procedures

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25
Q

What is ATF’s reputation often based upon?

A

Investigative reports

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26
Q

While a report is not meant to be a verbatim account it should be what?

A
  1. Accurate

2. Complete

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27
Q

What are the 4 main reasons we write reports?1.

A
  1. document investigative activity
  2. provide a basis for criminal prosecution related to the elements of a criminal violation
  3. provide a basis for criminal and administrative decisions
  4. document case specific and criminal intelligence information
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28
Q

What 7 things should all reports be?

A
  1. Clear
  2. Concise
  3. Accurate
  4. Complete
  5. Timely
  6. Factual
  7. Objective
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29
Q

How long after an event do you have to submit a report?

A

5 business days

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30
Q

What is the 3 pronged report content test?

A
  1. Facts that prove elements of the offense
  2. information about which the writer can testify
    3/-.information about which a witness can testify
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31
Q

For formatting a report what is the proper font and size?

A

Times New Roman, 12

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32
Q

Report should be written in

A

third person

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33
Q

Reports must be written in what voice?

A

Active Voice

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34
Q

What are the 2 sections of a report?

A
  1. Summary of the Event

2. Narrative

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35
Q

What should the summary contain?

A

When? Who? What? Where?

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36
Q

The narrative contains what related to the events?

A

Details

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37
Q

What should be in the 1st paragraph of the narrative?

A

introduce suspect by full name, race, gender and DOB

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38
Q

The last paragraph of the narrative section of a report should provide what in regards to property in LE custody?

A

The location

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39
Q

What third heading may be added if necessary?

A

ATTACHMENTS

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40
Q

What can be placed in the ATTACHMENTS section?

A
  1. Copies of other investigative reports
  2. Copies of signed original documents
  3. Copies of photographs
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41
Q

What is the 3 step process for completing an ROI?

A
  1. Create the event
  2. write the report
  3. generate the ROI
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42
Q

What is a tool of assessment in which information is gathered through direct, reciprocal communication?

A

an interview

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43
Q

Why are interviews conducted?

A

to gain information and evidence related to the elements of a criminal violation

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44
Q

How is gaining information and evidence in an interview obtained?

A

through purposeful conversation with witnesses and suspects

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45
Q

what are the 3 categories of people in the case management system?

A
  1. Investigative Participants
  2. Suspects/defendants
  3. Other persons
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46
Q

What is the ultimate goal of any interview?

A

Gather all information that the interviewee possesses that pertains to the subject matter

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47
Q

What is the communication or reception of knowledge or intelligence?

A

Information

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48
Q

What may deconfliction efforts identify in regards to interviews?

A

past contacts with the interview subject

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49
Q

What forms are needed to prepare for an interview?

A
  1. Wavier of rights
  2. Affadavit
  3. consent to search
  4. witness rights (tear off sheet)
  5. Warning letters
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50
Q

what is the one thing you want from an interview?

A

The Truth

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51
Q

Within how many seconds of meeting someone has the person already developed their first impression of you? What is this known as?

A

7 seconds, The Primacy effect

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52
Q

T or F? an Overt recording of an interview requires pre-approval of all parties to record the conversation?

A

False

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53
Q

Does a Covert interview require prior approval from the RAC /GS and notification be made to the AUSA because it is considered electronic surveillance?

A

Yes

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54
Q

What are the 4 logistical considerations for an interview?

A
  1. Time constraints
  2. Location
  3. Optimal set-up
  4. Distractions
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55
Q

What is the ideal number of interviewers?

A

Two

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56
Q

What is a relationship with mutual connections and the ability to communicate with someone?

A

Rapport

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57
Q

What is the ability to maintain direction, subject matter and the environment of an interview?

A

Control

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58
Q

What combines methodology ranging from how individuals process information, and non-verbal communication disciplines, to the verbal behavior studies shown historical to be sucessful?

A

Analytic interviewing

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59
Q

What is a memory retrieval and enhancement technique that uses a series of memory jogging methods, presented in an organized series of step-by-step procedures to help victims and witnesses retrieve and elaborate on information stored in their memory?

A

Cognitive interviewing

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60
Q

Cognitive interviewing should be used on what type of victims/witnesses?

A

Fully cooperating

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61
Q

What are the 6 steps of the cognitive interviewing process?

A
  1. Opening
  2. Narrative statement
  3. First echo
  4. Who, what, when, where, and how questions?
  5. Second echo
  6. Close
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62
Q

What are the 3 ways people process information?

A
  1. Visual
  2. Auditory
  3. Kinesthetic
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63
Q

What are baseline questions used for?

A

to determine a persons normal responses and allow the interviewer observe them

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64
Q

In an effort to get accurate and complete details an interviewer can ask what type of questions by asking the interviewee what they remember most about the incident?

A

Framing

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65
Q

subtly imitating the interviewee allows them to perceive that the interviewer likes them, thus creating a feeling of comfort and familiarity is known as?

A

Mirroring

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66
Q

What is used to establish a mood or state of mind, to trigger a thought or memory, or to alter a persons behavior?

A

Anchoring

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67
Q

What is the admission of an act or formal declaration of guilt?

A

Confession

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68
Q

What is the reversal of the interviewee’s initial denail?

A

Admission(s)

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69
Q

What is an unequivocal statement that you know is being deceptive?

A

Direct positive confrontation (DPC)

70
Q

What are the 3 ways most people react to Direct positive confrontation (DPC) ?

A
  1. Denial
  2. Non-denial
  3. Admission
71
Q

What should be provided to witness or non-victim following the interview?

A

ATF Form 3253.1 Witness Rights Form

72
Q

When must an ROI be completed to document the interview?

A

within 5 days

73
Q

What are the 7 ways forfeiture is used?

A
  1. to punish the criminal
  2. deter illegal activity
  3. remove the tools of trade
  4. disrupt the organization
  5. return assets to the victim
  6. protect the community
  7. equitable sharing for LE
74
Q

What assets are considered “non-valued” when the Gov’t has made the decision not to sell the property, and proceeds cannot be recovered from their seizure?

A

firearms and ammunition

75
Q

What is any property , real, personal or any interest in property that is directly or indirectly traceable to the illegal activity?

76
Q

What are 3 ways property is seen as a facilitating property?

A
  1. the use or intended use of property in unlawful activity
  2. anything that makes the crime easier to commit or harder to detect
  3. requires a nexus or substantial connection between the property and the illegal activity
77
Q

Any property that has be involved in a transaction in violation of 18 USC 1956, 1957 or 1960 is?`

A

Property involved in money laundering

78
Q

What monetary value is required for 18 USC 1957(a)(1)?

A

greater than $10,000

79
Q

`What is an organized conspiracy to commit or attempt to commit certain crimes by extortion or coercion?

A

Racketeering

80
Q

What are the 3 types of forfeiture?

A
  1. summary
  2. Non-judicial civil administrative
  3. judicial civil criminal
81
Q

What is the legal process by which property may be forfeited by the seizing agency to the United States without Judicial involvement?

A

Administrative Forfeiture

82
Q

What is the deadline for the ATF for Administrative Forfeitures under CAFRA

  1. to send notice
  2. for adoptions
A
  1. 60 days

2. 90 days

83
Q

What is the deadline for the claimant for Administrative Forfeitures under CAFRA to file a claim with the ATF?

84
Q

What is the deadline for the Government for Administrative Forfeitures under CAFRA to respond to the claim by taking judicial action or returning the property?

85
Q

What is the deadline for the ATF for Administrative Forfeitures (Non-CAFRA)?

A

No specific deadline, notice must simply comply with due process

86
Q

What is the deadline for the the claimant for Administrative Forfeitures (Non-CAFRA) to file a claim and post bond?

87
Q

What is the deadline for the Gov’t for Administrative Forfeitures (Non-CAFRA)?

A

No specific deadline, notice must simply comply with due process

88
Q

What is the burden of proof for all Administrative Forfeitures?

A

by preponderance of the evidence

89
Q

What is the 2 pronged innocent owner defense?

A
  1. Legal interest held at the time of illegal conduct

2. Bona fide purchaser for value (BFP) of interest acquired after illegal conduct

90
Q

T or F? Criminal forfeiture is considered part of “sentencing”?

91
Q

For pleas and settlements what is vital?

A

coordination between ATF and USAO

92
Q

ATF must send notice within how many days of a seizure?

93
Q

What should always be pursued if possible because abandonment is a last resort?

A

administrative forfeiture

94
Q

Who is the custodial agency that maintains custody of valued assets seized by DOJ agencies and disposes of those properties after forfeiture?

95
Q

What is the cardinal rule of Pre-seizure planning?

A

Always involve the USMS

96
Q

T or F? It is not important to preserve the availability and value of what we seize?

97
Q

What should you always seize when seizing an aircraft?

A

the log book

98
Q

All property taken into ATF custody must be entered into N-Force within how many days after the property is taken into ATF custody?

A

within 5 days

99
Q

currency seized for administrative or judicial forfeiture must be converted to a cashiers check and made payable to the USMS and transferred to USMS within how many days?

100
Q

RE currency should be converted into cashiers check made payable to ATF and transferred to AFSPD within how many days of seizure?

101
Q

what is the transfer of cash, forfeited property or proceeds from the sale of forfeited property to a state or local LE agency that directly participated in the forfeiture?

A

Equitable Sharing

102
Q

What items forfeited to the US are never sold?

A

Firearms and ammunition

103
Q

State/local agencies submit this form to request for transfer of Federally Forfeited Property

A

DAG-71 Form

104
Q

What is the ATF’s official case file?

105
Q

Data entry should be what?

A
  1. Complete
  2. Concise
  3. objective
  4. timely
  5. factual
106
Q

How many days do you have to generate a report following the event?

A

5 business days

107
Q

Who is responsible for making the appropriate considerations with respect to Frontline, division and the Domain Assessment in order to prioritize the opening of an investigation?

A

first line supervisor (RAC/GS)

108
Q

What are the 4 required deconfliction queries related to opening an ATF investigation?

A
  1. N-Force
  2. DICE
  3. TECS
  4. ANR
109
Q

What year was N-Force started?

110
Q

Prior to opening a case agents must query what?

111
Q

Which database is DOJ confliction?

112
Q

What database is DHS?

113
Q

What database is NICS deconfliction ?

114
Q

What are the 2 case opening options?

A
  1. Actual

2. General

115
Q

Actual cases contain what?

A
  1. Agent cashier funds
  2. Electronic surveillance
  3. property
  4. defendants
116
Q

How many folders are located in the Case Explorer window?

117
Q

What are the 3 types of investigative catergories?

A
  1. Proactive
  2. Reactive
  3. Adoptive
118
Q

What are the 3 data fields within the N-Force case management system?

A
  1. Teal
  2. White
  3. Gray
119
Q

what are teal fields in N-Force?

A

mandatory fields that users cannot pass without making an entry

120
Q

what are white fields in N-Force?

A

not mandatory but are required when information is available

121
Q

what are gray field in N-Force?

A

non -writeable

122
Q

What are the 3 delete functions in N-Force?

A
  1. black “X”
  2. eraser to clear field
  3. trash can
123
Q

What should be used as an administrative timeline of your investigative activity?

A

Management Log

124
Q

T or F? The Management Log can be used in lieu of the requirement to report investigative ROIs?

125
Q

Management log entries in the investigative phase are required at a minimum of every _____ days

126
Q

Who will predominately make the management log entries?

A

the case agent

127
Q

Management log entries are required at a minimum of every _____ days once judicial action has been initiated.

128
Q

What are the 3 different “people” for the purposes of the case management system?

A
  1. Investigative participants/CI
  2. Suspects/defendants
  3. Other people
129
Q

What should never be entered into N-Force?

A

CI personal identifiers/information/photos

130
Q

What name will be used if a suspect has not been identified?

131
Q

When an actual investigation is opened, there should be at least one what?

A

Suspect in the case explorer

132
Q

What addresses can be included in the locations/businesses folder?

A

Cross Streets (such as locations of traffic stops)

133
Q

What is required before Electronic Surveillance can be used in an investigation?

A

RAC/GS approval and AUSA notification

134
Q

A sperate E/S entry is required for each event, and must be made within ____ business days of the activity.

135
Q

What is the 3 step process of finalizing a Report of Investigation (ROI)?

A
  1. Create (insert) the event
  2. Write the report
  3. Generate the ROI
136
Q

Property in ATF custody must be entered into N-Force, packaged, labeled, submitted and approved and placed in the ATF evidence vault for safekeeping within _____ business days from the date of the seizure.

137
Q

What are the 5 types of ATF Action in regards to case management?

A
  1. Seized Administratively (SA)
  2. Retained for Evidence (RA)
  3. Purchased (P)
  4. Seized Judicially (SJ)
  5. Abandoned (A)
138
Q

Where is the recovery location when property is seized?

A

the location when LE first seized the items

139
Q

The original possessor of the property is who?

A

the person who the property was seized from originally

140
Q

What must all firearms in ATF custody be before the case can be closed?

A

they must be traced

141
Q

T or F? All firearms in ATF custody (with a few exceptions) must be test-fired for NIBIN?

142
Q

All crime guns need to be sent to/ queried in:

A
  1. NIBIN
  2. Traced
  3. Stolen Firearms database
143
Q

What is the evidence label for a property item?

A

the official chain of custody

144
Q

When property is seized for forfeiture (administratively or judicially) by ATF what must be entered?

A

a PC statement in the Probable Cause Statements folder

145
Q

What is a PC statement?

A

Links possessor, suspect to the violation, to the property being seized

146
Q

What is required before evidence can be placed in the ATF evidence vault for safekeeping?

A

approval from supervisor

147
Q

Property in ATF custody is required to be placed in the ATF Evidence vault within ___ business days of the seizure.

148
Q

once initiated the entire property disposition process should be completed within __ calendar days?

149
Q

When an investigative file is removed from the field office what from must be used to document the removal/custody of the file?

A

Form 23 Charge out Record

150
Q

The process to move a case from the (primary) investigative phase to the judicial phase is by way of submitting what?

A

a formal Recommendation for Prosecution

151
Q

Restricting a 6(e) case in the N-Force requires approval from who?

152
Q

Negative collateral replies will be made by memorandum to who?

153
Q

Sensitive investigations (high profile) and critical incident response notification is provided to the ATF executive personnel through what?

154
Q

Where do you find reports that have already been generated?

A

Forms Explorer

155
Q

Where do you go to find the status of pending property dispositions reports?

A

Forms Explorer

156
Q

Where do you identify Victims/witnesses?

A

in the persons folder

157
Q

What is the first report that should be written when you open up a case?

A

an ROI for case initiation

158
Q

What is generated in order to keep upper management informed?

159
Q

What can be used to counter attack statements?

A

contemporaneous notes

160
Q

What are 4 things that should be in your summary of event/ narrative?

A

Who? What? When? Where?

161
Q

Where would you look in a report to find the location of any property that is in custody?

A

the last paragraph

162
Q

Where would you document the positive results of a collateral request?

163
Q

Where would you document the results of a negative request?

A

in an investigative memorandum

164
Q

What is the purpose of a criminal intelligence report?

A

use when we are not yet sure if we need to open an actual case

165
Q

What is the primary function of the query tool?

A

Identify information previously updated

166
Q

Case familiarization should be a part of what?

A

Preparation

167
Q

What are the 2 jobs of the secondary interviewer?

A
  1. Take notes

2. observe the interviewee

168
Q

Norming is another term for what?

169
Q

what is the best defined term for deception?

A

deliberately misleading

170
Q

What are the signs of deception?

A

rehearsed statements
stalling
fast talking
differences from verbal and nonverbal cues

171
Q

how should you control an interviewee’s denial?

A

interrupt them with non verbal getures

172
Q

what are some recommended closing questions for a cognitive interview?

A
  1. what should I have asked?
  2. who did this?
  3. who would you talk to next?
  4. is there anything else I should know?
  5. if you remember any information please call me

SA (7 decks)

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