LEO Authority & Limitations

Question 1

AMB 5000 CH2

What is the primary source of all government authority?

Answer 1

The U.S. Constitution

Question 2

AMB 5000 CH2

Congress, using the power granted it by the Constitution to make laws, has given Air and Marine Interdiction Agents what specific statutory authority?

Answer 2

1. ) Stop and detain people and things at the “border” to determine their admissibility.
2. ) Question people regarding their immigration status.
3. ) Search people and things connected to the “border”
4. ) Arrest violators and seize goods, 19 USC 1589a & 8 USC 1357

Question 3

AMB 5000 CH2

INA 287(a)(2) / 8 UCS 1357(a)(2) permits what?

Answer 3

Arrest (without warrant) for violation of immigration laws committed in front of the officer.

*It grants authority to “Immigration Officers” to arrest any alien who in the agent/officer’s presence or view is entering or attempting to enter in violation of immigration laws or any alien already in the United States in violation of immigration laws and is likely to escape before an arrest warrant can be obtained.

Question 4

AMB 5000 CH2

INA 287(a)(4) / 8 USC 1357(a)(4) permits what?

Answer 4

Arrest (without warrant) for immigration felonies, before they can escape

*It grants authority to “Immigration Officers” to arrest any person for an immigration related felony and the person is likely to escape before a warrant can be obtained.

Question 5

AMB 5000 CH2

INA 287(a)(5)(A) / 8 USC 1357(a)(5)(A) permits what?

Answer 5

Arrest (without warrant) for federal crimes committed in front of the Officer, before they can escape.

*It grants the authority to “Immigration Officers” to arrest for any federal crime that occurs in the agent/officer’s presence and the person is likely to escape before obtaining a warrant.

Question 6

AMB 5000 CH2

19 USC 1589a permits what?

Answer 6

Arrest (without warrant) for any federal Offenses:

1. ) Federal Felonies committed in or out of the officer’s presence
2. ) Federal Misdemeanors committed in front of the officers presence.
   * *It grants the authority to “Immigration Officers” to arrest, without a warrant, for any federal offense, felon or misdemeanor, that occurs in the officer/agent’s presence and for federal felonies that occur outside the officer/agent’s presence.*
   * *Federal misdemeanor’s that occur outside the officer/agent’s presence require a warrant.*

Question 7

AMB 5000 CH2

With having Probable Cause, and no warrant, what are OAM agents authorized to arrest for?

Answer 7

1. ) Federal Felonies that occur in or out of their presence.
2. ) Federal Misdemeanors that occur in their presence.
3. ) Immigration misdemeanors that occur outside of their presence.

Question 8

AMB 5000 CH2

As a Federal Law Enforcement Officer, how does your Federal authority translate to your state level authority?

Answer 8

Varies by state. You have to check your State Statutes to see if it is honored on the state level.

Question 9

AMB 5000 CH2

As a Law Enforcement Officer, what are the sources of limitation on your authority.

Answer 9

IN THIS ORDER:

1. ) U.S. Constitution (4th, 5th, & 6th Amendments)
2. ) U.S. Statutes
3. ) U.S. Regulations
4. ) Agency Policies
5. ) Judicial Decisions (ex. Graham vs. O’Connor)

Question 10

AMB 5000 CH2

What type of compliance is required with the DHS’s Race Neutrality Policy?

Answer 10

Strict compliance

Question 11

AMB 5000 CH2

Describe the gist of Racial Profiling in regards to Law Enforcement.

Answer 11

The use of race as the sole reason for a law enforcement action is prohibited.