SABT 7 B UC Opp legal

Question 0

2 ID the considerations involved in selecting, managing, and removing informants.

Answer 0

-not approve if convicted of perjury

must be
A. Suitable and Reliable
B. Unsuitable and unreliable

Question 1

1 ID the internal conduct and accountability issues that may limit the opportunities of an agent to operate UC, or limit his or her effectiveness as an UC agent.

Answer 1

• Giglio potential witnesses and ATF officials to bring this type of information to the prosecutor attention.
• purpose of attacking the witness credibility or character for truthfulness
• Reversal of conviction
• Bivens suits
• Prosecutor sanctioned
• admin actions against you

Question 2

3 ID the authority of ATF to conduct the internal processes related to, and the approval requirements for, sting/storefront, home invasion, and sensitive UC operations

Answer 2

-

Question 3

4 Id the legal issue raised by the entrapment defense and how to avoid jeopardizing an investigation through entrapment.

Answer 3

Therefore there are tow aspects of entrapment
1 did the gov induce the target to commit the crime and if so
2 did the target have a predisposition to commit the crime

1 illegal nature of the activity must be reasonably clear to the target
2 Any inducement offered to the target must be justified in context
3 Must have a reasonable expectation that the inducement offered will reveal illegal activity and either
A Reasonable expectation that target is, has been, or is likely to engage in similar illegal activity or
B Target predisposition or state of mind must be reasonably clear
4 Ck target criminal history current reputation and activities to est predisposition
5 The order does have a waiver provision that allows the Director, or designee, upon a written finding that the activities are necessary to protect life or other serious harm to waive the standards found in para 96

Question 4

5 ID constitutional issues that arise in UC and informant operations and understand the types of conduct that may raise these constitutional issues and how to avoid them.

Answer 4

1 UC or CI may not seize property WO a warrant or some exception to the warrant requirement look but do not seize, unless an exigency exist
2 Deception as to identify

Question 5

sensitive cases require approval by the, i.e.

public corruption, Inv of elected officials, foreign official,

Answer 5

UC Review committee (elected Public Official) or (Public corruption)

Question 6

• All acts of violence prohibited
• May not instigate criminal activity
• Unlawful investigative tech

Answer 6

Prohibited Acts

Question 7

The act of gov agents inducing a person to commit a crime not contemplated by him for the purpose of prosecuting the person; originating the idea of the crime and inducing a person to engage in criminal conduct when that person is not

Answer 7

entrapment

Question 8

Gov must prove no _____ beyond a reasonable doubt

Answer 8

entrapment

Question 9

the bad guy was convinced to do it by his neighbor and never did tit before

Answer 9

not entrapment bc (neighbor is not a gov agent)

Question 10

UC cops are not cops for what amendment

Answer 10

5th amendment

Question 11

Communication between a person and his or her attorney made for the purpose of furnishing or obtaining professional legal advice or assistance are protected. The target may refuse to disclose the content of such communication and may prevent any other person from disclosing them UC should stay away from

Answer 11

Attorney Client Privilege
ie client sought legal advice, advice sought from attorney acting in a professional capacity, the communication regarding the request for advice and communication was made in confidence

Question 24

Gov must disclose evidence affecting the credibility of any GOV witness, ie. payment to informants, plea agreements, Gov witness misconduct

Answer 24

Giglio

Question 25

Agent who have any adverse action of 14 days demotion
-Any Giglio info in his file,
-excessive force
should not be used as

Answer 25

Contact agent, or in the Enhanced UC Program EUP

Question 26

Who approve for UC to commit Felony or serous crime

Answer 26

Deputy ass Director, recommendation from US ATTy,

-task force chief, or ass attorney general

Question 27

Who can approve a misdemeanor by UC

Answer 27

SAC

Question 28

Who can approve storefronts and stings

-only authorized where there is a sufficient federal or ATF jurisdictional interest

Answer 28

require MOU with state or local authorities

Question 29

Home invasion inv

-must demo a connection to ATF FA jurisdiction

Answer 29

Chief , Special Operations Div

Question 30

Sale and purchase of
-Actual sale of contraband or controlled items (NFA weapons, GCA FA to a felon, narcotics) are limited to case cases in chich

Answer 30

Deputy ass director has authorized

-

Question 31

BF activating an informant, the _____ shall conduct a detailed review to determine whether the informant is suitable and reliable.

Answer 31

SAC

Question 32

Sensitive informant the use of certain person as CI raises a number of legal questions and therefore require approval by the

Answer 32

SAC
DAD
AD
Assis US atty or higher

Question 33

Foreign nationals, require approval by

Answer 33

SAC aft talks with ICE

Question 34

Military Personnel require approval of the

Answer 34

SAC and the US Att

Question 35

Fed and St probationers or parolees require

Answer 35

Consult with FED or STATE authorities that oversee the condition of release

Question 36

FED prisoners

Answer 36

approval of the Chief, Special OP DIV after consult with the Dept of Justice and the Bureau of prisons

Question 37

State prisoners

Answer 37

consultation with appro state authorities

Question 38

Payment for info or other evidence naturally raises an appearance of impropriety that may be exploited by the defense

Answer 38

Rewards (threats of death or serous injury are exception and may justify rewards where not otherwise warranted

Question 39

Informants may only be permitted to engaged in criminal activity to the extent necessary to make the case and to the extent approved in advance by the

Answer 39

DAD Field Operations

Question 40

Something more that the mere opportunity to commit an offense ie excessive pressure or special incentive that materially alters the balance of risks and rewards informing the target decision whether to commit the offense

Answer 40

Inducement

Question 41

Target inclination to engage in the illegal activity target readiness and willingness to commit a crime

Answer 41

Predisposition

Question 42

Search and seizure often turns on the reasonable expectation of privacy that a target has in the context of the search and on the scope of the behavior of the UC agent

Answer 42

4th Amendment

Question 43

Self Incrimination

Answer 43

5th Amendment

Question 44

Rights to Counsel once the right to counsel has attached and has been asserted the Gov must respect it and may not act in any way that circumvents that circumvents the target right to have the assistance of counsel

Answer 44

6th amendment

Question 45

rights to counsel attaches once a person is

Answer 45

Charged (indicted, information have been filed, or has been brought to an initial appearance)