HSI Legal Intro

Question 1

5 sources of SAs case assignments:

Answer 1

• anonymous caller
• unsolicited “walk in” or personal letter
• spinoff cases from HSI investigations
• referral from non DHS federal agencies
• referral from DHS entities (CBP, CIS)

Question 2

3 critical legal issues:

Answer 2

1) statute of limitations
2) jurisdiction
3) enforcement authority

Question 3

statute of limitation:

Answer 3

• 18 USC 3282: indictment/information must be filed within 5 years crime was committed
• no statute of limitation for capital offenses
• exceptions to the 5 year rule

Question 4

capital offense

Answer 4

• a crime so serious that death is a penalty

Question 5

jurisdiction

Answer 5

• CONGRESS gives HSI authority to investigate federal crimes.

Question 6

MOU/MOA

Answer 6

• gives us jurisdiction to investigate a crime that originally belongs to another agency

Question 7

where do HSI SAs get their authority to investigate?

Answer 7

• congress

- MOU/MOA

Question 8

Congress gives us authority over these crimes:

Answer 8

• Title 8 - Immigration Law
• Title 18 - Federal Crimes/Terrorism
• Title 19 - Customs Law
• Title 21 - Drugs: subchapter II
• Title 31 - Currency Violations
• Title 46 - Maritime Actions
• Title 22 & 50 - Export Violations
• Title 31

Question 9

regulation

Answer 9

• teaches LEO how to use authority Congress granted to us

- maintained in the Code of Federal Regulations (CFR)

Question 10

sources of enforcement authority:

Answer 10

• constitution
• statues
• regulations
• policies
• directives
• executive orders

Question 11

Homeland Security Act:

Answer 11

• granted HSI agents with immigration officer and customs officer legal enforcement authority

Question 12

Limitations on enforcement authority

Answer 12

• specific limits on the actions and behavior of the federal government.
• ex: DHS permits the use of warning shots –> only to maritime environment