Final Knowledge Check Questions Flashcards
What is the founding principle of the U.S. government?
A government of limited powers
The source of power to collect taxes is:
The Constitution (Article I, Section 8)
The limitations on an AMIA come from:
Constitution Statutes Regulations Policy Court decision
What is the role of the legislative branch?
Make laws
Which Constitutional Amendment is the source of signification limitations on an AMIA’s authority?
4th Amendment (unreasonable search and seizure)
AMIA receives information that terrorists in Greece are using cruise ships as a means of transportation and entry. The next cruise ship he encounters, the AMIA frisks all people who look Greek. The AMIA has:
Violated DHS police because he conducted a law enforcement action based on a person’s apparent race or ethnicity.
(Looked Greek…not enough specific information)
AMIA conduction pilot certification checks receives information that terrorists in Greece are using private planes as a means of transportation and entry. He is giving a BOLO (Be on the lookout for) a Greek make in his 20s approximately 5’10” who is wanted for terrorist activity. The AMIA detains and interview all Greek males in their 20s between 5’6” and 6’. The AMIA has:
Not violated DHS Race Neutrality policy because he had information related to the individuals he detained
The Fourth Amendment requires that all government searches and seizures be:
Reasonable
The Fourth Amendment requires that warrants for government searches and seizures be supported by:
Probable Cause (PC)
What is the purpose of the exclusionary rule?
To deter law enforcement agents from illegally obtaining evidence by denying the government any benefit from illegal searches and seizures.
Illegal searches and seizures = inadmissible evidence
AMIA 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 Agents 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 trial?
The drugs are inadmissible as “fruit of the poisonous tree”
They only had a “hunch” not “probable cause”
An AMIA sees a group of men in a heated discussion. The agent 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?
The drugs are admissible as abandoned property because the agent needs no justification for approaching the men in this manner.
AMIAs observe a group of teenagers near the border. When the teenagers see the agents, they begin to run away. The agents chase the teenagers and yell for them to stop. Some of them do stop and others do not. We’re any of the teenagers seized within the meaning of the Fourth Amendment?
The teenagers who stopped running at the command of the agents were seized
An AMIA 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 Agent decides to question him. The agent approaches Snow, grabs him by the arm and says, “Come with me, you dirt bag.” Snow then says, “OK you got me, the drugs are in my pocket.” The agent 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 persecution of Snow?
The cocaine will be inadmissible because it was obtained as the result of an unreasonable seizure of Snow.
(“Without any suspicion” = not enough justification)
What level of suspicion is required to lawfully seize merchandise for forfeiture or to use as evidence at a trial?
Probable Cause (PC)
Reasonable suspicion that a person is engaged in criminal activity is required for which of the following actions by an AMIA?
An investigative detention
Deadly force is:
Conduct likely to cause death or serious physical injury
An AMIA encounters passengers from a flight that has just arrived in the United States from England. While searching a passenger’s suitcase the agent discovers illegal drugs and the passengers flees in an attempt to get away. Which of the following statements represents the correct level of force the agent may use in this situation?
The agent may use a reasonable degree of force if necessary to prevent the passenger’s escape
A search under the Fourth Amendment is government action which:
Intrudes into a person’s reasonable expectation of privacy (REP)
Which of the following is part of the legal definition of a search within the meaning of the Fourth Amendment?
Intrusion into a reasonable expectation of privacy (REP)
While one law enforcement officer was lawfully checking the driver’s license of an individual in a parking lot, an 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?
The marijuana is admissible because the dog sniff was not a search and the dog’s alert provided the required probably cause to search the car, which could be searched without a warrant under the mobile conveyance exception.
A narcotics detection dog is led to 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?
The cocaine is admissible at trial because the traveler gave up his reasonable expectation of privacy in the bags when he abandoned the bags.
Which of the following is a correct statement about a lawful consent search?
Consent may be revoked by a consenting individual at any time.
Which of the following elements is always required to conduct a lawful “Plain View” seizure?
The seizure must take place where the observation of an access to the object are lawful and the seizing agent has immediate probable cause to believe that the object is subject to seizure.
Employees of a domestic shipping company discover two fifty-five gallon drums among a load of cargo they are handling and become suspicions 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 agents arrive at the scene with a drug detection dog. The agents allow the dog to sniff the drums and the dog alerts to both drums. The agents immediately open the drums and discover marijuana. Which of the following statements is correct concerning the legality of the search of the drums?
The search was illegal because there was no exception to the Fourth Amendment warrant requirement and the suspects had a reasonable exception of privacy in the drums.
Which of the following statements about the legal definition of merchandise is true?
Monetary instruments are considered merchandise.
Which of the following is a correct statement about border searches?
Border searches can be conducted without a warrant or probable cause, but must be reasonable in the manner conducted.
A FBI agent, without a warrant or probable cause, conducts a search of a vehicle and its contents as it enter the United States. Which of the following statements is correct?
An FBI agent can conduct a border search if he or she is request to assist a CBP agent.
