PI Law

Question 1

Where are demonstrators allowed to demonstrate at protected areas?

Answer 1

“Public Viewing Areas”

Question 2

What is the policy concerning demonstrators?

Answer 2

absent specific info saying a demonstration group may pose a security risk to a protectee, demonstrators are to be treated as members of the general public.

Question 3

Is “Profiling” permitted during protection?

Answer 3

Racial Profiling - Prohibited

Behavioral Profiling - Permitted

Question 4

What is the enabling statute that grants the USSS its authority?

Answer 4

18 USC 3056

Question 5

What statute gives the USSS limited subpoena power in PI cases?

Answer 5

18 USC 3486

Question 6

What does 18 USC 3056(d) prohibit? How must the violator act?

Answer 6

prohibits “Interference with Protection”

violator must act “knowingly” and “willfully”. (therefore you should give a warning to them that they are in violation, need to show they prevented you from doing your job)

must show violator obstructed, resisted or interfered with you in the performance of a protective function

Question 7

What statute covers “Restricted Buildings and Grounds”?

Answer 7

18 USC 1752

Question 8

What does 18 USC 1752 do/allow?

Answer 8

Authorizes establishment of restricted areas

Defines “Restricted Buildings and Grounds”

Question 9

What are Restricted Buildings / Grounds?

Answer 9

restricted areas where a SS protectee is or will be temporarily visiting

restricted areas of buildings/grounds of NSSE’s

A violator must act “Knowingly”.

Question 10

What must restricted areas be?

Answer 10

Reasonable in Size and Scope

Question 11

Will the USSS intervene if a heckler is not a danger to a protectee or others?

Answer 11

NO

Question 12

Does the USSS have the authority to regulate the content of speech?

Answer 12

NO

Question 13

What is the 3 prong test regarding limitations on speech in a public forum?

Answer 13

Restraint must be:

1. Content Neutral,
2. Narrowly tailored to serve a gov’t interest
3. Offer ample alternative channels of communication

Question 14

When is a statement defined as a “threat”?

Answer 14

when a reasonable person would realize that his statement would be interpreted by his audience as a serious expression of an intention to inflict bodily harm

Question 15

Threat Statutes:

18 USC 871

Answer 15

Threats against the Prez and successor (also includes VP and VP elect)

Threatens to kill, kidnap or injure

Question 16

Threat Statutes:

18 USC 879

Answer 16

Threats against former Prez or other USSS protectees (includes major candidates for Prez)

Question 17

Threat Statutes:

18 USC 878

Answer 17

Threats against foreign officials (FBI has primary jurisdiction)

Question 18

18 USC 1752

Answer 18

Kills Kidnaps or assaults Prez, VP, certain Prez Staff Members

or attempts
or conspires

DO NOT CONFUSE WITH 18 USC 1751

Question 19

18 USC 351

Answer 19

kills, kidnaps major candidates for Prez and VP

or attempts
or conspires

Question 20

Who has primary jurisdiction over 878, 1752, 351?

Answer 20

FBI

Question 21

Ancillary Statutes: (probably not too important for testing)
18 USC 115
18 USC 111
18 USC 912

Answer 21

115 - intimidation statute (with intent to retaliate on acct of performance of official duty) includes judges and family members

111 - assault on fed employees (while engaged in, or on acct of their official duties)

912 - impersonating a fed officer or employee

Question 22

18 USC 875

Answer 22

Interstate Threatening Communications (internet)

Question 23

18 USC 876

Answer 23

Mailing Threatening Communications

Question 24

18 USC 877

Answer 24

Mailing Threatening Communications from Foreign Country