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exam 6 > Review > Flashcards

Review Flashcards

0
Q

What is 8 USC 1357(a)(2) [INA 287(a)(2)?

A

Without a warrant and in officers presence or view

Any alien who in officers presence or view is entering illegally or in US illegally and is like to escape

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1
Q

Cbp officers exercise significant law enforce authority to?

A

Detain people, conveyances, cargo

Search, people, conveyances, cargo)

Remove aliens

Seize property

Carry a firearm and use force

Arrest offenders

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2
Q

What is 8 USC 1357 (a)(4)

INA 287 (a)(4)

A

Without a warrant

Permits arrest if any person for an immigration related felony

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3
Q

8 USC 1357(a)(5)(a)

INA 287(a)(5)(a)

A

Without warrant and in officers presence

For federal crime

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4
Q

19 USC 1589a?

A

Permits arrest without warrant, for any federal offense, felony or misdemeanor, that occurs in the officers present and for federal Felonise that occur outside the officers presence

Federal misdemeanors that occur outside the officers presents require a warrant. The officer must be performing lawful duties and probable cause is required

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5
Q

In order what are the levels of suspicion?

Lowest to highest

A
  • Zero suspicion
  • some or mere
  • reasonable suspicion
  • probable cause
  • reasonable certainty
  • proof beyond a reasonable thought
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6
Q

Types of articulable facts?

A 
Objective
Quality
Considered in totality
Inlight of officers experience
Known in advance
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7
Q

What does the 4 the amendment protect citizens from?

A

Unreasonable search and seizures

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8
Q

When law enforcement conduct is challenged in court, who makes the decision to see if officers level of suspicion was reasonable?

A

The judge

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9
Q

What is the exclusionary rule?

A

Evidence suppression

Government may not use
Unlawful evidence against a criminal

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10
Q

What is the purpose of the exclusionary rule?

A

To deter police misconduct, specifically to discourage officers from violating the constitution

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11
Q

How can defendant claim evidence against them was obtained unconstitutional?

A

Motion to suppress

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12
Q

What is fruit of the poisonous tree?

A

Any evidence discovered after unconstitutional conduct

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13
Q

What can happen to a CBP officer if obtaining unlawful evidence?

A

Employment discipline

Civil liability lawsuit

Criminal prosecution

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14
Q

What is a seizure of property?

A

Any government interference with possessory right of interest

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15
Q

What is seizure of a person?

A

Government interference with a persons right of movement

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16
Q

Is a consensual encounter a seizure?

A

No, person must agree to talk or answer questions from officer

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17
Q

What is the scope?

A

Length of time type of action when performing seizure

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18
Q

What is an example of a Zero suspicion seizure for CBPO’s

A

Routine border detention

Resolution is refer or release

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19
Q

What level of suspicion does a CBPO need to refer someone to secondary?

A

Zero suspicion

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20
Q

What level of suspicion does a CBPO meed to perform an investigative technique?

A

Reasonable suspicion

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21
Q

What level of suspicion does a CBPO need for an arrest?

A

Probable cause

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22
Q

What is case study Tennessee vs Garner?

A

Prohibits using deadly force on a fleeing felon in absence of deadly threat

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23
Q

What is case study Graham vs Connor?

A

The use of force in all cases, must be reasonable and necessary

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24
Q

Use of force by government officer constitutes seizure if?

A

Officer physically applies any force

Suspect yields to officers show of force

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25
Q

What two things are needed to make officers use of force reasonable?

A

Necessary and reasonable

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26
Q

What is less lethal force?

A

Force not likely to cause serious physical injury or death

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27
Q

Does use of less lethal force have to be reasonable and necessary?

A

Yes

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28
Q

What is deadly force?

A

Likely to cause death or serious physical injury

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29
Q

What are the three factors to determine imminent threat?

A

Opportunity
Ability
Intent

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30
Q

What must an officer do if they use deadly force on imminent threat?

A

Officer must be able to articulate a reasonable belief that suspect weapon can cause bodily harm or death

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31
Q

Can CBP officers use deadly force on fleeing felons?

A

No if it is solely to prevent escape

And

Yes, if subject has inflicted or threatens to inflict serious physical bodily harm to to officer or others

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32
Q

Can CBP officer shoot to disable a conveyance?

A

No,

Only air and marine

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33
Q

Can CBP officer shoot at the operator of vehicle if they pose imminent threat?

A

Yes, at the driver or occupants if they pose imminent threat

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34
Q

Must a cbp officer give a verbal warning if using deadly force?

A

If feasible

Should also know if suspect understands

And give enough time

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35
Q

Can a cbp officer fire warning shot?

A

No,

Only air and marine

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36
Q

What is a search?

A

Intrusion into a reasonable expectation of privacy

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37
Q

There are 3 types of intrusions for search, what are they?

A

Physical

Visual

Auditory

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38
Q

For auditory searches what do you need?

A

A court order or consent from one party

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39
Q

How many parties does cbp require for consent for a recorder conversation?

A

All parties must consent

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40
Q

Two types of REP? What are they?

A

Subjective( personal belief that something is and will remain private)

Objectively ( society is prepared to recognize the privacy)

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41
Q

How have REP been recognized?

A

-Personal body integrity
-Home and surrounding curtilage
( curtilage, proximity to home
Building not open to public
Opaque containers
Conveyances
Private conversations

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42
Q

Is there REP on Places, items, communications exposed to the public?

A

No

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43
Q

What is not considered a search, or conducting a search?

A

Open view

Overheard conversations

Open fields( beyond curtilage)

Abandoned property

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44
Q

Does lost property have REP?

A

Yes

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45
Q

Trash, which is considered to have REP and which is not?

A

Items thrown in public trash cans are considered abandoned property

In home or business if it is in the curtilage it is considered to have REP

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46
Q

Is unclaimed baggage generally treated as abandoned property?

A

No

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47
Q

Are the use of flashlights, binoculars, night vision goggles considered a search?

A

No

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48
Q

Is using a thermal infrared imaging device considered a search?

A

Yes because it provides info about people and things that are not in open view

IR at the border open view is not a search

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49
Q

Are aircraft over flights considered a search?

A

No, if the police make observations from legally permissible airspace

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50
Q

Are gps tracking devices a search?

A

To and from in a single trip is not considered a search

Tracking movement in public areas is considered a search

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51
Q

Are dog sniffs on the air surrounding an object considered a search?

A

No

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52
Q

Are dog sniffs of a person considered a search?

A

Yes

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53
Q

Do ID cards or travel docs have REP?

A

No, they are meant to give information to gov officials

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54
Q

Describe warrant procedure?

A
  • officer gets all facts to establish PC to support search or seizure
  • officer prepares affidavit describing facts
  • magistrate or judge reviews warrant application and issues warrant
  • officers execute warrant, knock and announce
55
Q

What are exceptions to the warrant requirement for an arrest?

A

Arrest in public
Palin view seizure
Mobile conveyance search

56
Q

Other exceptions for warrant requirement for an arrest? Exigent circumstances

A
  • Hot pursuit of fleeing felon
  • imminent destruction or removal of evidence
  • imminent loss of life, serious injury or destruction of property
57
Q

What is the purpose of SIA?

A

Prevent arrestees access to weapons , evidence, or means of escape

58
Q

Scope of SIA?

A

Full patdown( including items in pockets)

Any objects in arrestees possesion(bags)

Areas of arrestee immediate control( grab area)

59
Q

SIA involving vehicle?

A

If officer cannot secure arrestee and arrestee remains within reaching distance of car

Officer has reasonable belief that evidence might be in car

60
Q

SIA for cell phones?

A

Officers may not search cell phone on SIA

Need warrant or must be exigent circumstance

61
Q

Must consent be given voluntarily?

A

Yes

62
Q

Is tough choice between lawful options still voluntary?

A

Yes

63
Q

When consent is given by someone with authority:

What is actual authority?

A

Any person with REP in an item or location has authority to give consent

Person with full access( whether or not they are person in charge)

Limited access consent

Two or more people, both mist consent

64
Q

Apparent authority?

A

Any person who reasonably appears to have access to and REP in a location

65
Q

When someone gives consent can they stop the search? And can they also tell you where to search only?

A

Yes

66
Q

Border search background: when did the first US congress pass laws to perform suspicion-less searches?

A

1789

Purpose: to protect nations borders, revenue, prohibit unlawful importation/exportation or merchandise

67
Q

What are the three requirements for a border search to be lawful?

A

Conducted by authorized gov officer(cbp, usbp, ice,oam,coast guard e4 and above)

Searching for merchandise, persons admissibility, aliens

At border or FEB

68
Q

Examples of border search areas?

A

Land
Air
Sea

69
Q

What three things do you

Need for FEB inbound?

A

Reasonable certainty of

  • Nexus to border
  • No materials change

First practical detention point

70
Q

What are three things required for FEB out bound?

A

Reasonable certainty:

There will be border nexus
There will be no change in materials

Last practical detention point

71
Q

Examples of FEB inbound and outbound?

A

Land
Sea
Air

72
Q

Which are common outbound border search operations?

A

Currency reporting

Export control

73
Q

What are the requirements for extended border search?

A

Reasonable certainty:
Border nexus
No change in materials

Reasonable suspicion of criminal activity

74
Q

Examples of EB?

A

Controlled delivery

After target passes first practical detention point

75
Q

What is 19 USC 1595(b) ?

A

Authorizes officers to enter private lands and buildings “other than dwellings of house” to perform border search

76
Q

Can you race to target?

A

No, racial profiling is prohibitted

77
Q

Which classification is diplomat?

A

A 1,2

C 3

G 1,3

Must have state department issued creds

78
Q

Are foreign diplomats and their immediate family immune from any form of arrest or detention, search or seizure?

A

Yes, once immunity has been verified

79
Q

Does a US citizen have diplomatic immunity in the US, if they are diplomats?

A

No

80
Q

Are diplomatic pouches properly identified immune from any form of arrest or detention, or search or seizure?

A

Yes

81
Q

If officer has PC to believe Their is contraband inside Personal luggage belonging to diplomatic personnel with full immunity, what mist they do?

A

Notify supervisor

82
Q

If officer has PC to believe that there is contraband in a consular pouch, what must officer do?

A

Ask consular for permission to search the pouch

If official consents, search bag in their presence and detain any contraband

If consent is not given, consular pouch may be returned to point of origin

83
Q

What level of suspicion does a cbpo need for a non destructive search?

A

Zero

84
Q

Can a cbpo officer remove gas tank of vehicle to search it with zero suspicion?

A

Yes

85
Q

For a destructive search what level of suspicion does a cbpo need?

A

Reasonable suspicion

86
Q

When searching items that contain information, what level of suspicion does a cbpo need to review and analyze?

A

Zero suspicion

87
Q

What level of suspicion does a cbpo need for technical or translation assistance?

A

Zero suspicion

88
Q

When requesting subject matter what level of suspicion does a cbpo need?

A

Reasonable suspicion

89
Q

How many days can we keep documents or electronic devices?

A

5 days with sup approval

90
Q

May sealed class mail be opened when performing a border search by cbpo?

A

Yes if it is not in US postal service possession

If it is in USPS possession then warrant or consent

91
Q

For immediate patdown search to look for weapons what level

Of suspicion is needed?

A

Some or mere suspicion

92
Q

For patdown body search, what level of suspicion is needed?

A

One articulable fact and sups approval

93
Q

For a partial body search or medical examination what level of suspicion is needed?

A

RS

Sup and port director approval

94
Q

Is SIA subject to personal search handbook?

A

No

95
Q

Does right to due process only apply to us citizens?

A

No it applies to all people( citizens and aliens)

During all phase of criminal case

96
Q

What does due process and statement mean?

A

Means the government may not use coerced confessions against defendant

97
Q

Examples of coercion?

A

Police violence

Sustained or lengthily questioning

Physiological strategies intended to overcome suspects will

98
Q

What are examples when you are going to put someone in custody?

A

Telling suspect your under arrest

Confronting criminal suspect with evidence of his guilt

During border search, performing a personal search that involves a partial body search

99
Q

Does Miranda right only apply in criminal cases?

A

Yes

Removal of alien does not trigger miranda warnings

100
Q

What is an interrogation?

A

Any words or actions by government officer that knows will likely get an incriminating response

101
Q

What is not considered an interrogation?

A

Booking( data questions)

Voluntary statements

Public safety exception

102
Q

Is express questioning about the suspected criminal activity an interrogation?

A

Yes

103
Q

What two things do you need for miranda warning?

A

Custody and interrogation

104
Q

For miranda warning, what must a suspect be informed of?

A

Right to remain silent

Right to consult with an attorney( free pf charge is suspect cannot afford one)

Fact that anything said can be used against them in court

105
Q

Can you recite miranda from memory?

A

No always read miranda warning

106
Q

Waiver of miranda warning, how must waiver be made by suspect if they wish to talk?

A

Voluntarily, knowingly, and intelligently

107
Q

Can right be invoked even after they have signed waiver?

A

Yes anytime they ask for attorney or they wish to remain silent

108
Q

Are spontaneous statements always admissible?

A

Yes

109
Q

What is rule 5a?

A

To take criminal before magistrate

Statements from defendant may be suppressed

110
Q

What is 18. USC 3501(c)?

A

6 hour rule

111
Q

What is corley test for six hour rule?

A

If defendant confesses before six hours statement are admissible

If after six hours, courts will decide wether delay was unreasonable, if unreasonable then statement is supressed

112
Q

Who is considered a juvy in federal criminal offense?

A

Under 18

113
Q

What does an officer need to do if they arrest juvy?

A

Immediately read miranda rights

Notify US attorney and juvy’s parents

114
Q

When must a juvy be taken to a magistrate?

A

ASAP

115
Q

If you apprehend a foreign national myst you notify their consulate?

A

You
Must let them notify their consulate, if they do not want to notify their consulate make sure their country is not on list that requires notification

116
Q

What is the jencks rule?

A

Disclosure of all information to defendants defense

Reports must be clear and relevant most common reason cases get thrown out

117
Q

What is the brady rule?

A

Information that may help the defendant, mist be disclosed to defense

118
Q

A CBP officer who encounters criminal activity while off duty should consider which response options?

A

Be a good witness

Contact other law-enforcement officers

Take action

119
Q

Does CBP employment change a persons option to respond as a private citizen?

A

No

120
Q

Does CBP policy forbid employees to respond to criminal activities or provide assistance to other as a private citizen off duty

A

No

121
Q

The state crimes directive, is it for both on and off duty?

A

Yes

122
Q

What determines wether or not the government will represent a cbpo responding off duty ?

A

Scope of employment

123
Q

Can a cbpo carry their firearm off duty?

A

Yes

Must have their credentials

Cannot drink
Must have weapon concealed
Comply with state and local laws

124
Q

Are cbpo’s held to a higher standard off duty?

A

Yes

125
Q

What form is needed for outside employment?

A

Cbp

3031

126
Q

Can gifts be accepted from a prohibited source?

A

No

127
Q

Why do cbp officers get sued?

A

Common law

Constitutional claims

128
Q

What should a cbpo do if sued for job related conduct?

A

May request representation by DOJ

Immediately notify sup and chief counsel( provide copy of summons)

Do not delay

129
Q

If officers conduct was during scope of employment will government defend officer in court?

A

Yes

Performing official duties

1 officer had statutory authority to act

2 officer was directed to act on that authority by cbp

130
Q

Is cbpo fault at issue?

A

No, if perfroming duties they are tasked

131
Q

Who decides scope of employment with cbp supervisors?

A

DOJ

132
Q

Is an officer immune from common law tort claims?

A

Yes

Within scope of employment

133
Q

Is officer immune from constitutional claims?

A

No

Potential for qualified immunity

  • plaintif allegation does not state constitutional allegation
  • constitutional right was not clearly established
  • under circumstances, a well trained officer in the same situation could have reasonably believed the conduct was proper
134
Q

When does cbp pay for officers under judgement?

A

Certificate seizure was supported by PC

Certificate officers conduct was directed by sup

Cbp determines payment of judgement is best interest for agency

135
Q

What is 19 USC 507?

A

Allows cbp officer to demand assistance from any person when necessary to perform officers lawful duties

exam 6 (1 decks)

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