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Exam 4 Risk & High Risk Vehicle Stop > SABT 6 A Explosive Enforcement Mission > Flashcards

SABT 6 A Explosive Enforcement Mission Flashcards

0
Q

2 ID where ATF derives its explosives statutory authority.

A

-Title 11 of the Organized Crime Control Act of 1970/ also known as Explosive Control ACT 18 USC 841-848 Commerce

-27 CFR Part 555-administrative licenses & permits, unlawful acts and storage
*TITTLE II OF THE GUN CONTOL ACT OF 1968
-26 USC 5801-5872(taxation) illegal to receive a gun not registered to him in (NFRTR) National FA Registration and Transfer Record
-27 CFR 178-179 Licensing, ID, acquisition and disposition of FA
179-pertains to taxes on certain firearms and destructive devices
STATUTORY AUTHORITY =28 USC SECTION 599A=
ATF is responsible for inv criminal and regulatory violations of FED Exp laws.
-Law-Statuory Authority derived from Congress made of
law, jurisdiction and special agreement

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1
Q

1 Describe ATF’s role in enforcement of the Federal explosive laws and regulations.

-which statue directs ATF responsible for inv criminal and regulatory violations

A

-ATF has made explosive related inv one of its TOP PRIORITIES in reducing violent crime and misuse of explosives
ATF is responsible for investigating criminal and regulatory violations of Federal explosive laws.
-Conducting inv of all bombing or attempt bombing with in jurisdiction
-INV. thefts & recoveries of explosive & ensuring they are documented
-You got to prove that the elements were violated
-Title 28 USC section 599A directs that ATF is responsible for investigating the criminal and regulatory violation of Federal Explosives

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2
Q

3 Describe Federal explosive jurisdictional guidelines and relevant memoranda of understanding. MOU

A

Signed by Acting Deputy Attorney Gen Gary G Grindler
-Delineates the roles & responsibility of ATF and FBI when responding to bombing and explosive related incidents
-give jurisdiction of all terrorism related incident to FBI and created a list of resumed terrorist incidents
MOU = Agency jurisdiction agreements betw agencies and depends on
-LAW, JURISDICTION AND SPECIAL ARRANGEMENTS
-Law -statutory authority derived from Congress
ATF is lead agency on all explosive incidents, retains arson jurisdiction and explosive regulatory authority unless acts of domestic or international terrorist.
-National Explosive Task Force (NETF) acts as de-conflict jurisdictional issues between ATF and FBI

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3
Q

4 List reporting requirements as they pertain to explosive incidents.

A

-agents are required to have Unique Identifier (UI) or inve # (IN) by opening an investigation in N-FORCE and must submit a Significant Incident Report (SIR) with regard to
1 Explosive incidents involving fatalities must be reported
2 Explosive thefts ie the loss of explosives thru a criminal act must be reported.
3 A significant loss of explosives ie the discovery that explosive are missing without apparent criminal cause, must be reported
4 Explosives found in the possession of a prohibited person
5 Incident by virtue or heavy regional or national publicity, ATF might come to the attention of media must be reported, even if incident would not otherwise be significant.

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4
Q

5 Describe ATF’s explosives organization and services.

A

-

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5
Q

6 Describe ATF’s policies as they pertain to explosives destruction and render safe procedures.

A
  • CES Certified Explosive Specialist are not authorized to conduct any render safe procedures RSP or dismantle any manufactured or improvised destructive device DD
  • ATF EEO and SABT can do RSP for public safety
  • Military EOD and local bomb tech can conduct RSP for Pub Safety

-ATF CES, SABT, or EEO can demonstrate or destroy explosives, must be minimum of two qualified persons
-Qualified Operational Assistants=
CES, Military or civilian bomb tech currently performing such duties, or ATF explosive technical training specialist

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6
Q

7 ID the phases of activity that occur in responding to an explosive incidents.

A

1 use EEO, Bomb Techs, CES, forensic chemists
2 Ensure scene integrity and security
3 ID scene and incident related hazards
4 initial scene assessment by tech support personnel
5 ID victims if any
6 ID property if any
7 Interview complainant/ witnesses
8 interview first responders
9 team approach
10 photo
11 sketch
12 evidence collection
13 autopsy photo & report
14 Explosive tech expertise EEO or Bomb tech for device design, and functioning, and classification
15 forensic lab assistance
16 target assessment (victimology)
17 complete background knowledge of device placement and delivery
18 Canvass location of explosion for witness (similar to time of incident)
19 Dev detain components list of recovered parts
20 ID manufacture, distribution, retail info about all recovered parts
21 ID normal use and access to these components (interview people who have expertise regarding them
22 Develop documentary trail for these components as necessary
23 obtain pre blast components

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7
Q

8 Describe the different types of explosives investigations.

A
  • non explosion inv ie bomb threat
  • main objective is to determine if it was caused by
  • accidental inv ie. Mechanical failure
  • criminal bombing inv ie. criminal intent
  • Proving the elements should be the driving force
  • if Investigative leads must be generated to prove or disprove elements
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8
Q

9 Describe 12 general investigative techniques for explosive investigations.

A 
1 Interviewing 
2 Physical interviewing 
3 Electronic Surveillance 
4 UN operations 
5 Confidential Informants 
6 Intelligence 
7 Profiling 
8 E-Fit 
9 Rewards 
10 Law Enforcement canines 
11 case management 
12 Line-ups
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9
Q

10 Describe specific investigative techniques for non explosion investigations.

A

1 elements of the threat
-by mail or telephone, willful or malicious, ? threat to kill injury
2 Responding to incident
-notify JSOC & FBI about bomb threat
-be aware of EMR/ RF hazards 9two way radios, mobil phones)
-Situation Assessment
3 Interviews complainant, recipient of threat,
-bomb checklist
4 records evidence
-if documents use preserve for Dna, FP, trace evidence
-origin of TC call
-prepare results

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10
Q

11 Describes specific investigative techniques for explosion investigations.

A

1 Initial response
-contact bomb techs, EEOs, forensic chemist, CESs for tech assist
-ensure scene security
-ID scene and incident related hazards (be alert for chemical or biological agents,
-see if post blast reveal criminal vs destructive device
-ID victims
-ID property
-Interview complainant and those who have knowledge
-interview 1st responders
2 inv phase
-team concept
-autopsy, medical reports,
-explosive tech support for device design functioning and classification (EEO, bomb techs)
-forensic lab assistance
-Target assessment

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11
Q

To protect interstate and foreign commerce against interference and interruption by reducing the hazard to persons and property arising from misuse and unsafe or unsecure storage of explosive materials.

A

Congressional Mandate by congress.

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12
Q

1 to reduce violent crime involving the criminal misuse of explosives
2 To assist state and local officers.
3 To advance public safety and security
4 Deny acquisition of explosive materials to statutorily prohibited persons
5 Remove hazards from the public caused by improper storage or use of explosive materials.
6 Provide inv and technical assistance to the inter agency effort to combat terrorism

A

Purpose of ATF (ATF made explosives related inv one of it’s top priorities.)

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13
Q

2 Types of Explosive Investigations

one of these can have types, what are they

A

1 Non explosion

2 Explosion = criminal or accidental

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14
Q

What type of inv are
1 Recovery of stolen and abandon explosives
2 illegal storage
3 Explosive thefts
4 Illegal manufacturing or dealing
5 other 18 USC 842 unlawful act (importing, false entry)
6 Hoax device
7 Attempted bombing (recovered IED)
8 bomb (threats usually FBI jurisdiction 844(e))

A

Non Explosive Investigation

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15
Q

What is
1 Not always an element of the offense
2 HOWEVER, IT IS THE UNDERLYING CAUSE OF THE OFFENSE, AND HOW IT IS COMMITTED. you may spend considerable inv time in an attempt to determine this.
3 Judges and juries generally like to know the answers to why and how the offense was committed

A

Offender behavior and motivations.

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16
Q

what CFR code section is

  • Commerce in Explosives (Administrative, Licenses and Permits/ Proceedings, Conduct of Business or Operations, Records and Reports, Unlawful Acts and Storage
  • who is exempted
A

27 CFR Part 555 ATF is Exempted from this

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17
Q

What code section is the Title XI of the organized Crime Control act of 1970 also know as explosive control act
-Chap 40 (interstate Commerce) established both regulatory control and criminal sanctions

A

18 USC 841 -848

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18
Q

Makes it unlawful for any person to receive or possess a firearm not registered to him in the National Firearm Registration and Transfer Record (NFRTR)

A

Tittle II of the Gun Control Act of 1968
26 USSC 5801 5872 chapter 53 (Taxation)
27 CFR Parts 178 and 179 (Taxation)

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19
Q

What code section directs that ATF is responsible for investigating criminals and regulatory violations of Federal Explosive Laws.

A

28 USC Section 599A

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20
Q

What code section state It shall be unlawful for any person to receive or possess a firearm ( destructive device) which is not registered to him in the National Firearms Registration and Transfer Record

A

26 USC 5861d

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21
Q

Who can decide determination of a pipe bomb or bomb as a destructive device

A

EEO Explosive Enforcement Officer

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22
Q

what is the destructive devices also known as an improvised explosive device (IED) or bomb

A

Firearm

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23
Q

What is any explosive, incendiary or poison gas
-Bomb
-Grenade
-

A

-

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24
Q

Three ways to determine Lead agency

Three elements

A

-Statutory authority derived form Congress
18 USC 841-848
26 USC 5801-5872
- Jurisdictional agreements between agencies
1990 MOU with USPS
8/3/2010 ATF/FBI jurisdiction Protocols
-Special agreements for a specific purpose
VANPAC and UNBOM inv Task force
OKBOMB & Atlanta bombing Task forces
Super Bowls and World Series
Olympics

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25
Q

If jurisdictional conflicts are resolved at field office or division level, if needed SAC will notify ATF headquarters. If not resolved, the _____ will be contacted

A

National Explosive Task Force (NETF) acts to de conflict jurisdictional issues between ATF and FBI

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26
Q

pg39

A

-

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27
Q

what to do on a Criminal Bombing INV

A
  • Use technical support EEO, SA, bomb tech, CES, forensic chemist
  • Ensure scene integrity and security
  • ID scene & incident related hazards
  • Initial scene assessment by technical support personnel
  • ID victims if any
  • ID property if any
  • interview complainant/ Witnesses
  • Interview first responders
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28
Q

Three people who must work together on a bomb scene =

A

Photographers
Schematic artist
Evidence Collection use a team approach

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29
Q

What to use in Criminal bombing investigation

A
  • use BATS- he if this bomb has been used before
  • Explosive tracing
  • Use internet resources (from both the suspects and inv perspective
  • USE ATF and other intelligence resources
  • Prepare applicable reports
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30
Q

NCETR=

A

National Center of Explosive Training and Research

  • Fire Inv and Arson Enforcement Program
  • Fire Programs and Training Branch
  • Fire and Arson Investigation Branch
  • National Canine Training and Operations Center
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31
Q

SACES=
SABT=
EEO=
ROD=

A

Certified Explosive Specialist
Special Agent Bomb technician Explosives
Enforcement officer
Relief of Disabilities enforcement programs

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32
Q 
-what CES CAN DO 
Destroy explosives or chemicals 
-can not destroy frag producing items
-serve as principle instructor / range officer 
-assist in hands on training at FLETC
-Conduct explosives demonstrations 
-Provide explosive information and training 
-assist non CES agents in the field
A

CES authorizations

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33
Q

Who are not authorized to conduct any render safe procedure or dismantle, disassemble any manufactured or improvised destructive device

-Who can conduct RSP for public safety

A

CES

-EEO and SABT can conduct RSP for public safety
military and EOD/ local bomb techs can = public safety

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34
Q

Who can demonstrate or destroy explosives

A

CES
SABT
EEO

35
Q

Two categories of immediate safety threat

A
  • immediate safety threat or

- No immediate safety threat (still got to comply)

36
Q

ATF exempt form ____

  • Policy Explosive in ATF custody will be stored in compliance with the regulations
  • ATF exempt from ____ except in commerce
  • Not exempt form _____non emergency situations
A

227 CFR Part 555

DOT requirements

RCRA in

37
Q

Who conducts render safe procedures

  • Constructs facsimile of explosive and incendiary devices
  • Destructive device determinations for court
A

Explosive Enforcement Branch EEB

38
Q

Who manage explosive inspection program

  • Liaison with explosive industry
  • Respond to variance request
  • Prepare guidelines and regulations
A

Explosives Industry PROGRAMS BRANCH

39
Q

REPORTING EXPLOSIVE AND ARSON INCIDENTS

A
  • EST UNIFORM reporting procedures

- collect info on all arson explosive related incidents in BOMB ARSON Tracking Systems (BATS)

40
Q

Pursuant to ATF B 3120.1 SA are required to have a unique inv # and submit a significant incident report ____ with regard to the following explosive related matters listed on the

A

Significant Explosive Incident (SIR) Reporting Procedures for Agents

41
Q
  • Explosive incidents involving fatalities
  • Explosive thefts, i.e. the loss of explosives through a criminal act
  • A significant loss of explosives without an apparent criminal cause
  • Prohibited persons found in possession of explosives
  • Any incident in which there is heavy regional or national media coverage.
A

SIR Requirement For Agents (should be documented in N Force within 24 hrs of incident

42
Q

for the destruction of explosive material in ATF custody requires who authority _____ and _____ if evidentiary material is involved. Them document, photograph and sample material.

  • must get advice from ______ if destroying, deteriorated explosives or precursor chemicals
  • _____ are not authorized to to destroy UXO or other fragmentation producing items.
A

SAC approval
US Attorney approval if evidentiary material is involved
-ETB Explosive Technology Branch
-CES

43
Q

-what to do during a attempt bombing 5 steps

A

A. Contact appro personnel (bomb techs, or EEOs) to conduct render safe procedures
B. Ensure scene integrity and security
C. ID potential hazards ie secondary device
D. Photo and x-ray bf RSP if possible and after,
EEO = issued portable X-rays
E. Interview complainant and others who have knowledge of incident

44
Q 
-These are an example of what type of explosion investigation?
Explosives recoveries or abandonments, illegal storage, explosive thefts, illegal manufacturing, and or dealing, other 18 USC 842 acts, Hoax device, attempted bombing (recovery IED) 
Bomb threats (who jurisdiction?)
A

Non Explosion

45
Q

Interviews/ admissions
-indicia of possession, and or control of the bedroom
-fingerprints
-receipts, tools, other similar components found in the same area
will be helpful in proving ______ during the investigation ```````

A

Possession

46
Q

If a person is to be found guilty under the federal law of explosives what must be done by ATF and LEO

A 
A. Prove unlawful 
B. receive or possess a FA
C. Not registered to him in the NFRTR 
D Offender behavior and motivations 
E. Legal tools for investigations
47
Q

What are these for investigators
1 Search Warrants for person or property
2 Consensual Searches - written consent
3 Criminal Complaints and arrest Warrants
4 Grand Juries =Grand jury or administrative
5 Subpoenas
6 Court Orders
7 Immunity-Consult with Inv agency
8 Cooperation Letters -sentencing reduction

A

Legal tools for investigators

48
Q

What are the decision factors for jurisdiction conflict

A

A Who is the victim
B What was the method of deliver
C Who is are the perpetrators

49
Q

Activities that involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the US or of any State, or that would be a criminal violation if committed within the jurisdiction of the US or any state

  • to intimidate or coerce a civilian population
  • to influence the policy of a gov by intimidation or coercion
  • to affect the conduct of a government by mass destruction, assassination, or kidnapping
A

18 USC 2331 (1) (5) International and domestic terrorism

50
Q

Who is the lead agency on all other explosive incidents, retains its arson jurisdiction and explosive regulatory authority ?

A

ATF

51
Q

______ and ____ can assert lead agency over an ATF explosive investigation if it is believed there is reliable evidence of a nexus to domestic or international terrorism.

A
  • FBI

- Joint Terrorism Task Force (JTTF)

52
Q

If ATF or FBI/JTTF responds to an explosive incident, the responding agency will immediately ______ the other agency that an explosive incident has occurred and _____ all the relevant information to ______ agency.

A
  • Notify
  • share
  • determine lead
53
Q

When someone target
1 a mass transportation facility or infrastructure
2 the US Gov
3 critical infrastructure facilities (nuclear facility)
4 densely populated public area
5 chemical, biological, radiological, or nuclear agents
6 explosive used reveal credible evidence to link to international terrorism
-What is this called and who jurisdiction

A

Terrorism (FBI)

54
Q

Bomb threats are what code section

-Notify who

A

844(e)

JSOC FBI

55
Q

what code section directed towards college and universities or other institution or organizations that receive fedeal funds

A

844(f)

56
Q

Explosive in airport or building own, possessed, used or leased by US.

A

844(g)

57
Q

Who investigates incidents all explosive sent thru US mail (does not include FEDEX, UPS or other contract carriers) or delivered from any post office
-what is the code section

A

USPS US Postal Service

-18 USC 1716

58
Q

Use/carry explosive in commission of a felony; belongs to agency having jurisdiction over underlying felony

A

18 USC 844(h)

59
Q

Every bombing incident involves a violation of _____

A

Title II of the Gun Control Act

60
Q

T/F All bombing/ attempt bombing within ATF primary jurisdiction has to have a preliminary or full investigation

A

True by ATF

61
Q

T/ F not all explosive thefts and recoveries shall be fully documented.

A

False, all has to be documented by ATF

62
Q

T/F Will ATF look into Accidental explosion involving explosive materials if inquiry is likely to suggest precautions which will prevent future accidents or when some other overriding Federal interest is present ?

A

True

63
Q

illegal storage of explosives
determine Federal Explosive License FEL status
refer to ATF regulatory
BATS query Y/N

A

18 USC 842(j) federal misdemeanor

YES

64
Q

theft of explosive
was it a break in,
determine FEL of the victim
BATS query Y/N

A

18 USC 844 (k) & (1)

YES

65
Q

Hoax device

  • not always know until exam by bomb tech or EEO
  • What kind of charges
  • BATS query Y/N
A

Title 18 USC Section 1038
state charge
-YES

66
Q

Who is ATF primary asset for responding to an investigating explosive related incidents, providing explosive training to other ATF elements, conducting liaison with other agency entities with similar responsibilities, and conduct explosive recoveries and sisposal operation

A

Special Agent Certified Explosive Branch (SACES)

67
Q

Who must document explosive inv activity in N-Force and BATS

  • must Complete explosive recertification specialist (ESR) every 2 years
  • Attend out Bureau explosive training or other activity every other year during off years of ESR
  • current CV updated every year
A

CES

68
Q

A ____- may in the interest of public safety in an emergency render safe or disarm destructive devices,

  • must be a CES & complete Hazardous Device School (HDS)
  • will spend full time pursuing explosive related investigations and activities s directed by the SAC
A

Special Agent Bomb Technician (SABT)

69
Q

Who will provide Destructive Devices (DD) determinations

A

Explosive Technology Branch (ETB)

70
Q

This person must meet all medical & physical examinations required by FBI Bomb Data Center National Guidelines for bomb Techs

  • cannot be assign to another specialized position during tenure (full time NRT, SRT, canine handler, medic, CFI)
  • will maintain certification by attending HDS recertification every 3 years and the CES recertification every 2 years
  • SAC and NCETR is the selecting official for all ___ candidates
A

SABT Special Agent Bomb Techs

71
Q

This person must be an GS-181-13 with at least 5 yrs of experience as an ATF SA
-many consider applicant with less experience if they have significant documented experience as a military EOD tech, combat engineer, former State or local bomb tech, or in weapons technical intelligence
-must have investigated explosive cases with Federal jurisdiction nexus
-must have received a successful or higher rating on his evaluation of
record
-CES program manager will solicit candidates for this
-Apply thru GS/ RAC and SAC to CES program manger

A

Explosive Specialist Candidate (ESC)

72
Q

CES program manager will review qual and make recommendation to SAC, ____ and this person will sect the ESCs
-CES program manager will give preference to those SA with Documented knowledge, experience and interest in field of explosives

A

NCETR National Center for Explosive Training and research

73
Q

Who handles all request from prohibited persons for relief of Federal Explosives disabilities

A

Relief of Disabilities Section

74
Q

Who completes a 2 yr program

  • US EPA Hazardous Material course 40 hrs
  • ATFs advance explosive destruction techniques course
  • ATFs Post blast inv Techniques course
  • international society of explosive engineers Level I Blasters Certi( online self paced)
  • ATF HME ID process and disposal Course
  • 12 graduate level courses in explosives engineering
  • Chemistry of explosive and pyrotechnics course
  • Advance ordnance recognition for Law Enforcement Course
  • Document activity in BATS detailing all inv activities
A

ESC Explosive Specialist Candidate

75
Q

What provisions apply to explosives in ATF custody.

  • regulation and storage, transportation and destruction
  • Stated can pose more stringent regulations
A

RCRA = Resource Conservation and Recovery Act

76
Q

What are the two categories of explosive waste

A

Immediate safety threat

-No immediate safety threat = 90 days to dispose aft disposal order signed

77
Q

T/F ATF exempt from DOT requirements except in commerce

A

True

78
Q

Who manages the EEO program and is the primary point of technical assistance and support in all explosive matters.
-conduct render safe procedures and construct facsimiles of explosive and incendiary devices. Prepare destructive device requirements for court

A

Explosive Technology Branch

79
Q

Who develops and provides regulatory and technical guidance to ATF field operations and explosives industry members on the enforcement & implementation of the explosive regulations and programs

  • responsible for explosive newsletters, rule making, rulings variances, regulation determination, explosive classification and exemptions
  • Liaison with the explosive industry
  • Primary contact for GOV agencies requiring assistance in explosive matters
A

Explosive Industry Program Branch

80
Q

this code section ___defines a destructive device. A pipe bomb can be classified as a destructive device under federal law, but you will need expertise regarding a determination on this. An ATF Explosive Enforcement Officer (EEO) is the best individual to provide the expertise with regard to federal matters

A

-26 USC 5845 (f)

81
Q

What code sections are ATF Primary Jurisdiction

A 18 USC 842
B 18 USC 844
C 18 USC 844i
D All of above

A

D. all of above

82
Q 
18 USC 841 consist of what 
A. criminal violations 
B Definitions 
C Licensing 
D. Regulations
A

B. Definitions

83
Q 
18 USC 842 consist of 
A Definitions 
B criminal violations 
C. Unlawful acts 
D. All of above
A

C Unlawful acts

84
Q

18 USC 843 consist of

A. Unlawful acts
B. Regulations
C. Criminal violations
D. Licenses and user permits

A

D. Licenses and user permits

85
Q 
18 USC 844 contain 
A Penalties
B. Regulations 
C. Criminal violations 
D. definitions
A

Penalties

86
Q 
Law statutory authority derived from congress 
A. 18 USC 841-848
B. 18 USC 831-838
C. 18 USC 851-858
D. none of above
A

A. 18 USC 841-848 and 27 CFR Part 555

and 26 USC 5801-5872

Exam 4 Risk & High Risk Vehicle Stop (21 decks)

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