Levels Of Suspicion Required

Question 1

Level of Suspicion required to:

Approach a person in “public location” to ask some questions

Answer 1

Zero

Question 2

Level of Suspicion required to:

Detain (seize) a person to conduct a brief investigative inquiry

Answer 2

RS of criminal activity

Question 3

Level of Suspicion required to:

Arrest a person for any federal offense committed in your presence

Answer 3

PC crime committed

Question 4

Level of Suspicion required to:

Arrest a person for a federal felony committed outside of your presence

Answer 4

PC crime committed

Question 5

Level of Suspicion required to:

Search a person and his immediate vicinity incident to arresting him

Answer 5

Zero (looking for weapons, means of escape, and evidence)

Question 6

Level of Suspicion required to:

“Strip search” a person incident to arresting him

Answer 6

RS of weapons or evidence hidden underneath clothing

Question 7

Level of Suspicion required to:

Seize a conveyance used to smuggle a controlled substance, aliens, or merchandise with a view towards forfeiture

Answer 7

PC of smuggling violation using conveyance

Question 8

Level of Suspicion required to:

Establish the FEB inbound or outbound

Answer 8

RC Border nexus
RC no material change
First/last practical detention

Question 9

Level of Suspicion required to:

Establish the extended border

Answer 9

RC Border Nexus
RC no material change
RS of criminal activity

Question 10

Level of Suspicion required to:

Conduct a non-destructive search of an object at the border

Answer 10

Zero

Question 11

Level of Suspicion required to:

Conduct a destructive search of an object at the border

Answer 11

RS of hidden merchandise

Question 12

Level of Suspicion required to:

“Pat down” search of a person with border nexus

Answer 12

Zero

Question 13

Level of Suspicion required to:

“Partial body” search a person with border nexus

Answer 13

RS of hiding contraband/evidence

Question 14

Level of Suspicion required to:

Examine hard copy or electronic information as part of a border search

Answer 14

Zero

Question 15

Level of Suspicion required to:

Permanently seize hard copy or electronic information not related to an immigration issue

Answer 15

PC

Question 16

Level of Suspicion required to:

without consent or a warrant, follow a person into a REP-protected area to arrest him

Answer 16

PC individual entered REP

Remember must be pursuing a felon

Question 17

Level of Suspicion required to:

Seize an object under the “plain view” exception

Answer 17

PC object is contraband/evidence

Question 18

Level of Suspicion required to:

Conduct an inventory search

Answer 18

Zero (remember search is not designed for evidence gathering)

Also, object must have been lawfully seized for an inventory search to be lawful

Question 19

Level of Suspicion required to:

Protective sweep of an REP-protected location where an agent is lawfully present

Answer 19

RS of hidden threat

Note: can only search human sized locations

Question 20

Level of Suspicion required to:

Enter a REP-protected location to seize evidence without a warrant

Answer 20

PC evidence will be destroyed while waiting for warrant (“Now or never”)

Question 21

Level of Suspicion required to:

Frisk a person during a lawful seizure

Answer 21

RS individual is armed AND dangerous

Question 22

Level of Suspicion required to:

Conduct a readily mobile conveyance search

Answer 22

PC evidence is present

Question 23

Level of Suspicion required to:

Conduct a frisk of a conveyance

Answer 23

RS of a weapon that they can access

Question 24

Level of Suspicion required to:

Order vehicle occupants to exit a vehicle during a lawful stop

Answer 24

Zero (they are already seized, so courts ruled it doesn’t matter if they are in or out of the car)

Note: stop must be lawful