PI Law Flashcards
Where are demonstrators allowed to demonstrate at protected areas?
“Public Viewing Areas”
What is the policy concerning demonstrators?
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.
Is “Profiling” permitted during protection?
Racial Profiling - Prohibited
Behavioral Profiling - Permitted
What is the enabling statute that grants the USSS its authority?
18 USC 3056
What statute gives the USSS limited subpoena power in PI cases?
18 USC 3486
What does 18 USC 3056(d) prohibit? How must the violator act?
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
What statute covers “Restricted Buildings and Grounds”?
18 USC 1752
What does 18 USC 1752 do/allow?
Authorizes establishment of restricted areas
Defines “Restricted Buildings and Grounds”
What are Restricted Buildings / Grounds?
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”.
What must restricted areas be?
Reasonable in Size and Scope
Will the USSS intervene if a heckler is not a danger to a protectee or others?
NO
Does the USSS have the authority to regulate the content of speech?
NO
What is the 3 prong test regarding limitations on speech in a public forum?
Restraint must be:
- Content Neutral,
- Narrowly tailored to serve a gov’t interest
- Offer ample alternative channels of communication
When is a statement defined as a “threat”?
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
Threat Statutes:
18 USC 871
Threats against the Prez and successor (also includes VP and VP elect)
Threatens to kill, kidnap or injure
Threat Statutes:
18 USC 879
Threats against former Prez or other USSS protectees (includes major candidates for Prez)
Threat Statutes:
18 USC 878
Threats against foreign officials (FBI has primary jurisdiction)
18 USC 1752
Kills Kidnaps or assaults Prez, VP, certain Prez Staff Members
or attempts
or conspires
DO NOT CONFUSE WITH 18 USC 1751
18 USC 351
kills, kidnaps major candidates for Prez and VP
or attempts
or conspires
Who has primary jurisdiction over 878, 1752, 351?
FBI
Ancillary Statutes: (probably not too important for testing)
18 USC 115
18 USC 111
18 USC 912
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
18 USC 875
Interstate Threatening Communications (internet)
18 USC 876
Mailing Threatening Communications
18 USC 877
Mailing Threatening Communications from Foreign Country
