HSI Legal Intro/Case Initiation Flashcards
What are the 5 primary sources of a SA’s case assignment?
- Anonymous caller, letter, email, text message, informants
- Unsolicited “walk-in” or personal letter
- Spinoff cases from HSI investigations
- Referral from non-DHS Federal Agencies, State and local entities.
- Referral from DHS entities (CBP, CIS, USCG)
What is Statue of Limitations?
The amount of time from the date of the offense the SA has to file charges in federal court.
What is Jurisdiction?
General authority, granted by law, the SA has to enforce federal criminal law.
What is Enforcement Authority?
The legal authority to enforce a statute oftentimes under certain specific conditions.
What triggers the statute of limitation?
The date the OFFENSE was committed.
18 U.S.C 3282
No person shall be prosecuted for any offense, NOT CAPITAL, unless indicted or information instituted within 5 years after such offense shall have been committed, except as otherwise expressly provided.
Where do we get our jurisdiction?
- Congress
2. Formal written agreements between ICE and other agencies with jurisdictional authority granted by congress.
Can you obtain authority to exercise jurisdiction of an investigation from other federal agencies?
Yes, with a MOU or MOA
What are SA’s sources of Enforcement Authority?
- Constitution
- Statutes
- Regulations
- Policies
- Directives
- Treaties
- Presidential Proclamation/Executive Orders
- International Law
Is the statutes within the United States Code a source of enforcement authority for a HSI SA?
Yes
Is the regulations within the Code of Federal Regulations a source of enforcement authority for a HSI SA?
Yes
Is the ICE policies a source of enforcement authority for a HSI SA?
Yes
Is the United Nations Security Council Resolutions a source of enforcement authority for a HSI SA?
No.
Is International Law a source of enforcement authority for a HSI SA?
Yes
