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CITP > Test 5 > Flashcards

Test 5 Flashcards

1
Q

What are the five (5) essential elements in executing a Search Warrant? Describe each:
Which ones are flexible?
Which ones are constant and always remain?”

A

Safety - the most important element (constant)

Legality- prevent evidence from being suppressed (constant)

Surprise- for safety & preserve evidence. Timing is key. (flexible)

Speed- fluid, methodical, continuous entry w/ immediate and total control over occupants (flexible)

Simplicity- procedures which are flexible & easy to understand (flexible)

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2
Q

What information is critical in operational planning for Search Warrants?

A

Pre-Search & Seizure Briefing - conducted by team leader/Sr. Agent
Pre-Search & Seizure Investigation - Violator Background of criminal info & vehicles, Surveillance of violators, the neighborhood, the location itself, any hazards/dangers
Selection of Team Members - those that are experienced and have ability & not rank/seniority, utilization of local LEO’s
The Mission - discuss what you are after during execution
The Type & Nature - premises, individuals, or items to searched and seized
The Location - discuss the address, description of the place/persons, photographs, blueprints, maps and/or directions
Violators - names, descriptions, photos, CCH
Special Instructions - instructions of there are children, elderly, etc.
Time of Execution
Contraband/Evidence - description, samples or photos to be shown to team
Approach Method - balancing the value of a quick approach for surprise vs. deliberate movements for officer safety
Equipment Needed
Identification - badge, caps, raid jackets, armbands, headbands
Use of Force Policy - give details in Op Plan and discuss it in the Pre-brief
Team Assignments - who is doing what

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3
Q

What equipment should you always have when conducting a Search Warrant?

A 
Vests & First Aid (always)
Entry tools
Flashlights
Special Weapons (rifles, shotguns)
Back-up weapons
Radios
Transportation
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4
Q

What are some advantages & disadvantages of utilizing Local/State LEOs for Search Warrants?

A

Advantages - they know the area, better communications with Fire/EMS, identification for onlookers and crowd control, can arrest for state/local violations
Disadvantages - not subject to your agency’s policies, not familiar with search or evidence procedures, marked cars can draw unwanted attention

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5
Q

What are the duties of the Entry Team? How do they carry out these duties?

A

Pre-Entry Procedure: Knock & Announce (know it)
Entry
Forced Entry - consider alternate entry points, try doorknobs first before ramming
Action Upon Entry - the most dangerous time of the SW. Gain control of people and weapons
Security/Protective Sweep - minimum of two (2) officers, looking anywhere people can hide
If No One is Present - execute it anyway, secure building, leave a copy of the SW & Inventory
If Other LEO Present - work it out to benefit both agencies

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6
Q

What are the duties of the Cover Team? How do they carry out these duties?

A

Three (3) Primary Responsibilities:
Prevent Flight
Provide Protection - 360 degrees
Control Arrivals

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7
Q

What are the duties of the Search Team? How do they carry out these duties?

A

Enters with the Entry Team and aids in securing
Searching - in pairs, picking a pattern (crime scenes require sketches, SW’s only require documentation on a memo or evidence receipt)
A) Premises - clockwise/counter method, photograph before removing, tag for ID, don’t stop if evidence is found but continue until whole premises is completed, call out any missed items to other LEO’s
B) People - can only search if listed in SW, or exceptions apply, factors courts will look at: concealable nature of evidence, scope of original SW, actions of individual involved
C) Vehicles - on curtilage and connected to those inside, double-search method every part of vehicle
D) Length of Search - continue until completed

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8
Q

When should a LEO conduct a Frisk during the execution of a SW?

A

Reasonable Suspicion that person is possibly armed. Each suspect must be considered separately and justified.

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9
Q

How should a Frisk be conducted during the execution of a SW?

A

Weapons ONLY. Outside Garments ONLY

“LFCT” everywhere a weapon might be hid (from top of head to ankles)

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10
Q

What are some methods for controlling occupants during the execution of a SW?

A

Select a location to put them (after free of weapons, contraband)
Straight chairs w/o padding (also checked) or on floor
Consider separating if they become hostile
Handcuff anyone that is belligerent, ignoring commands, or poses a danger until search is complete

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11
Q

How should a LEO handle an Occupant wanting to ENTER during a SW?

A

Only granted by Team Leader and NEVER during Entry or Sweep. Prevent interference of SW, force may be used, ALWAYS frisk and control should always be maintained

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12
Q

How should a LEO handle an Occupant wanting to handle a Telephone during a SW?

A

LEO’s should answer incoming, and NEVER allow outgoing by the suspect

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13
Q

How should a LEO handle an Occupant wanting to use the Bathroom during a SW?

A

Can be refused. Always search for weapons, contraband first, and then be accompanied by officers

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14
Q

How should a LEO handle an Occupant wanting Medicine or Medical Treatment during a SW?

A

Request advice from the medical profession, and make a decision. Take immediate action if needed (chest pains)

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15
Q

How should a LEO handle an Occupant wanting to see the Warrant?

A

Can wait to show after area is secured (Entry & Sweeps). Allow occupant to read.

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16
Q

When only should a Firearm be seized during the execution of a SW?

A 
If listed in the SW
Plain View (if evidence of a crime)
Illegally possessed (owner is a Felon)
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17
Q

What are the five (5) categories of computer crimes? Who has the authority to investigate computer crime?

A 
Internal
Telecommunications
Manipulation
Support Criminal Enterprises
Hardware/Software Theft
--------------
The Secret Service
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18
Q

What is the definition of an Undercover Operation?

A

A legal, covert investigative technique involving the deception of, and association with the criminal element

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19
Q

What is an “impromptu” Undercover assignment?

A

A sudden shallow undercover role (ex: tourist performing surveillance)

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20
Q

What is a “penetration” Undercover assignment?

A

UC is removed from LEO surroundings and activities, and placed into a residence and job consistent with the operation. Designed to penetrate the upper echelon of the criminal element. Also the most difficult and dangerous type of assignment.

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21
Q

What is the primary objective of an Undercover Operation?

A

To obtain information or evidence that is not available through the use of other investigative techniques

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22
Q

What are some types of possible objectives of Undercover Ops?

A

Observe the planning of violations
Identify violators, violations, and violation sites
Identify conspirators, witnesses, victims, complainants
Locate and/or Purchase contraband and stolen property
Check reliability of Confidential Informants
Corroborate witness statements
Develop info of past crimes
Gather Intel
Obtain PC for SW/arrests

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23
Q

What is the FIRST (out of 5 phases) of an Undercover Op? Describe it.

A

Planning:

  • review background info & objectives
  • corroborate any CI info
  • choose an UC (willingness is most important)
  • pick statutes
  • Equipment, meeting sites
  • Discuss finances/expenses
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24
Q

What is the SECOND (out of 5 phases) of an Undercover Op? Describe it

A

Initiation:

  • Hold a briefing (update everyone, comms, introduce UC)
  • Prepare/test Equipment
  • UC’s gov’t-issued property accounted for
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25
Q

What is the THIRD (out of 5 phases) of an Undercover Op? Describe it

A

Operational:

  • Decide how to approach suspect and execute plan
  • Gain suspect’s confidence “No I’m not a cop”
  • Cover Team should be established
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26
Q

What is the FOURTH (out of 5 phases) of an Undercover Op?

A

Termination:

  • May happen with (or without) accomplishing the objectives
  • Successful terminations = violators identified, contraband purchased, intel gathered)
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27
Q

What is the FIFTH (out of 5 phases) of an Undercover Op?

A

Evaluation:

- case agent conducts a Post-Op briefing

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28
Q

What are some qualities of a good UC?

A
  • Willingness for role (most important)
  • must be a good roleplayer
  • calm, confident, control emotions
  • adaptable
  • knowledge of criminal element
  • knowledge of equipment
  • criminal skills (rolling a joint)
  • patience
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29
Q

What are some potential problems for UC’s?

A
  • engaging in criminal activity
  • consumption of alcohol
  • sexual advances by suspects
  • damage or unauthorized use of GOV’s
  • offering to use drugs by suspects
  • how/where to store contraband for evidence
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30
Q

What is a felony?

A

A crime with a maximum possible confinement of more than one year to include death (capital offense)

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31
Q

What is a Class A Misdemeanor?

A

A crime with a max confinement of 6 months -> 1 year

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32
Q

What is a Class B Misdemeanor?

A

A crime with a max confinement of 30 days -> 6 months

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33
Q

What is a Class C Misdemeanor?

A

A crime with a max confinement of 5-30 days

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34
Q

What is an Infraction?

A

A crime with a max confinement of 5 days or less

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35
Q

What is a Petty Offense?

A

Any crime within the B, C, or Infraction category

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36
Q

Name the federal courts from highest to lowest:

A

US Supreme Ct.
US Circuit Ct. of Appeals (Appellate)
US District Ct.
US Magistrate Ct.

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37
Q

Who appoints federal judges? How long do they serve?

A
  • Appointed by the President of the United States, and approved by Senate (except Magistrates)
  • Lifetime service
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38
Q

What is the jurisdiction of the US Supreme Ct.?

A
  • The final authority of all federal law
  • They have appellate and original jurisdiction
  • Vast majority of cases are appeals from other courts (by discretion only)
  • 9 judges, majority vote
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39
Q

Which courts would a US Circuit Ct. decision be binding on?

A

Decisions made are only bound within the courts of that circuit

  • Appellate cases/jurisdiction ONLY
  • Only 13 Circuit Ct. in US
  • 3 judges
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40
Q

Which offenses are heard by the US District Ct.?

A

FELONY cases/trials (the only only ct. that does so)

  • CAN hear Class A MM trials, but ONLY if defendant doesn’t consent to a Magistrate Ct.
  • 94 Ct. in US
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41
Q

Which offenses are heard by the Magistrate Ct.?

A
  • Class A MM trials (if Def. consents)
  • Petty Offenses (B, C, Infractions)
  • pre-trial hearings (I.A., detention, bond, etc.)
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42
Q

What are the three (3) ways to start a case?

Hint: same for obtaining an Arrest Warrant

A

1- LEO criminal complaint
2- Information (AUSA)
3- Indictment (Grand Jury finds PC)

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43
Q

What does a LEO need in order to bring a defendant to the judge after: a warrantless arrest?

A

Probable Cause

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44
Q

What does a LEO need in order to bring a defendant to the judge after: obtaining an Arrest Warrant?

A
  • Probable Cause

- Command to be arrested, and brought to the judge

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45
Q

What does a LEO need in order to bring a defendant to the judge after: obtaining a Summons?

A
  • Notice to the suspect to appear, and answer for the charges (used for persons, and corporations)
  • DON’T get confused with Subpoenas: which are used for witnesses!
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46
Q

What is an Initial Appearance?

A
  • It is the defendants first appearance after being arrested
  • Def. is told the charges, and read their rights
  • Bond is set (pre-trial release)
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47
Q

How much time after the arrest must you get the defendant to his Initial Appearance?

A
  • Without any unnecessary delays (max of 48 hrs. from arrest)
  • Only way out of this is RELEASING THEM!
  • Congress DOES give a 6-hour window for obtaining documents from defendant, but that is it!
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48
Q

What happens immediately after an arrest?

A
  • SIA
  • LEO files a complaint before the IA (if warrantless)
  • Transport defendant to jail facility
  • Arrange for transport to the IA
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49
Q

What is Pre-Trial Release? Who decides it? What factors are looked at?

A

Also called “BOND.”

  • A release while the Trial date is pending
  • Judge determines it: based on nature of crimes, contacts with community, flight risk
  • Federal release is preferred
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50
Q

What is the role of the Pretrial Services Office?

A

Services Officer interviews the defendant before the I.A. and makes a recommendation about bond to the Judge
- LEO will not get a copy

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51
Q

What is a Detention Hearing? When does it take place?

A

The decision is made to whether defendant should get bond. Allows opportunity for defendant to present evidence, call witnesses, etc.

  • Usually takes place at the I.A. or within 10 days after
  • Judge may make a Conditional Release: place restrictions on defendant
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52
Q

What are the sanctions for violating Pre-Trial Release, or “Bail Jumping?”

A
  • Bail will be revoked
  • Judge will issue a warrant for their arrest
  • Criminal charges will be added
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53
Q

Where should the defendant be taken for his I.A. if he is arrested: in the district where the crime occurred?

A

Right there! In the district of arrest (and the crime)

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54
Q

Where should the defendant be taken for his I.A. if he is arrested: in a district OUTSIDE where the crime occurred (clear across the state)?

A

In the district of arrest, or an adjacent one (whichever is closest/fastest!)

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55
Q

Where should the defendant be taken for his I.A. if he is arrested: in a district adjacent to the crime (next door neighbor)?

A

If you can get them back to where the crime was committed (on the same day), do so! Otherwise, take them to the I.A. in the district of arrest.

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56
Q

What is a Removal Hearing?

A

The process of transferring the defendant to the district where the crime occurred to stand trial (note: if warrantless, you must obtain an AW from the district where the crime occurred)

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57
Q

What is an Identity Hearing?

A

Where the Judge determines the defendant’s identity before transferring them to another district (usually done as part of the Removal Hearing process)

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58
Q

What is diplomatic immunity?

A

Diplomats are reps. of foreign countries who work in the US
- Immunity means that these reps. are NOT responsible for official (and sometimes) personal activities, therefore cannot be arrested/prosecuted for any crime no matter how serious

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59
Q

What is the procedure when encountering someone who claims Diplomatic Immunity?

A

Detain them to verify the status (call the Department of State)

60
Q

What happens if their Diplomatic Immunity is verified? Not verified

A
  • If verified, let them go and do not arrest. Prepare a report. Don’t handcuff, frisk or search unless they pose a threat to officer safety. If intoxicated, attempt to find them a ride.
  • If NOT verified, arrest them
61
Q

What privilege from arrest does a Congressman have?

A

The only times you cannot touch them, are DURING, and COMMUTING to/from congressional sessions.

62
Q

What are other some other options besides arresting a Congressman?

A

Issuing traffic citations, and prosecution

63
Q

What are the exceptions where you CAN arrest a Congressman?

A

Felonies, and breaching of peace

64
Q

What procedure must be followed when arresting a juvenile? May you give out information about the arrest of the juvenile to the media?

A
  • Immediately mirandize them
  • Notify AUSA
  • Notify their parents, and read Miranda
  • Take before Judge for I.A.
  • You may NOT give out any info about the arrest to the media
65
Q

What is the Vienna Convention on Consular Relations (VCCR)? What is a foreign national?

A
  • Established protocol between the US and foreign countries about the treatment of foreign nationals arrested in the US as well as US citizens arrested in their countries (in short, its a Treaty or Mutual Obligation)
  • Foreign National: An individual who is NOT a US citizen
66
Q

What are the general notice requirements by the VCCR?

A
  • They must be told of their rights to contact their Consular Official (and give them access to them)
  • Contact the Department of State to verify
67
Q

Who is the Consular Official, and what does he do?

A

He is merely a point of contact to help arrange legal services.

68
Q

What are the requirements if the foreign national is from a country on the mandatory list of notification?

A

This is called “Special Rule.”

- You must call the Consular Official immediately without a second thought

69
Q

What is the process if the foreign national is NOT on the mandatory list of notification?

A

This is called “Basic Rule”
- Contacting the Consular Official is discretionary, but you must still advise them of their right to contact the CO if they want it

70
Q

What is the purpose of the Preliminary Hearing?

A

Gov’t must show PC for defendant’s arrest (not required for Petty Offenses)

71
Q

What happens if the Judge determines there is no PC? What if the Judge determines there IS PC?

A
  • If there is PC, the case will move forward with further proceedings
  • If there is NO PC, the case will be dismissed and the def. will be released (can still be investigated and indicted later)
72
Q

What are the situations where the preliminary hearing is NOT conducted?

A
  • Petty Offenses
  • If the def. waives the hearing
  • If the def. is indicted prior to the hearing
  • AUSA dismisses the case
73
Q

What happens at an Arraignment?

A

Defendant will enter a plea to the charges

74
Q

What is the “two-fold” function of the Grand Jury?

A

1- Indictments: based on presentation of facts. If PC exists, will issue a “True Bill” If NO PC, will issue a “No Bill”
2- Criminal Investigation: jurisdiction to investigate crimes. Can issue subpoenas for testimony or evidence.

75
Q

What is the jurisdiction of the grand jury? How are they selected? How long do they serve? What are the basic requirements? How many are chosen?

A
  • Jurisdiction consists of crimes that occur within it’s jurisdiction
  • Selected by the Voter’s Registration list
  • Service lasts for 18 months, unless extended by up to 6 additional months
  • Must be 18 or older, speak English, no felonies or pending prosecutions
  • 16 to 23 members
76
Q

Who “guides” the grand jury? Who is present in the room when a WITNESS TESTIFIES before the grand jury? Who is present when the grand jury VOTES?

A
  • AUSA guides them in secrecy in a special room
  • TESTIMONY = AUSA, GJ, Witness, Ct. Reporter
  • VOTING = GJ only!
77
Q

What rights does the target have before the grand jury? Do they have a right to an attorney? Do they have to testify if requested?

A

A “target” is a possible defendant. They have NO rights. If they testify, the attorney must remain outside. They may refuse to testify, however, if it would be incriminating.

78
Q

How is evidence presented before the grand jury? How many votes are required for an indictment? What is a “sealed” indictment?

A
  • NOT a Trial
  • AUSA will call witnesses and ask questions (NO cross-examinations)
  • Hearsay is permissable
  • Everything is recorded
  • 12 votes are needed for an indictment
  • A sealed indictment = keeps the indictment secret to prevent other defendants from fleeing or destroying evidence
79
Q

When does the grand jury’s power end?

A

After the indictment has been returned on a charge

  • At this point, they CANNOT issue subpoenas just to obtain further evidence (to keep screwing) this person who has already been indicted
  • However, they can still subpoena for additional defendants…. or for additional crimes on an already-indicted individual
80
Q

What are some situations where a grand jury subpoena would be useful?

A
  • When witnesses are not cooperating
  • When LEO’s don’t have enough PC for a search warrant
    (ex: bank/financial records, leases, contracts, phone #’s, fingerprints, voice samples, etc.)
81
Q

What is the standard for obtaining a grand jury subpoena?

A

1- Relevancy (the item sought only has to be “relevant,” must lower standard than PC)
2- Must be hand-delivered ONLY

82
Q

What are the two (2) types of grand jury subpoenas?

A

1- Subpoena Ad Testificandum: commands the appearance of a witness to testify
2- Subpoena Duces Tecum: commands person to produce specific items, and then testify about them

83
Q

What are the limitations on the use of a grand jury subpoena?

A
  • Can’t be used for CIVIL cases (must be criminal only!)
  • Can’t compel a person to interview
  • Can’t compel privileged testimony (if it will be incriminating)
  • Limited to jurisdiction where G.J. sits only
84
Q

Can grand jury subpoenas be used in CIVIL matters?

A

No! Only criminal (don’t get this wrong on test)

85
Q

How does a LEO obtain a grand jury subpoena? What are the advantages of using an Inspector General subpoena?

A
  • contact the AUSA and request one

- IG’s are more flexible, not subject to rules of secrecy, and can be used in civil/criminal cases

86
Q

What are grand jury matters? Give some examples:

A
  • Matters occurring before the GJ are GJ matters (ex: list of witnesses, testimony, docs or other items subpoenas by GJ…literally…anything)
87
Q

Who may disclose grand jury matters?

A

1- AUSAs
2- District Ct. Judges
3- Private citizens (non-gov’t employee) who testifies before the GJ
4- People on the 6e list

88
Q

Who may be given access to grand jury matters?

A

AUSA’s disclose to:

  • Fed & State LEO’s
  • other AUSA’s
  • other GJ’s
    • testimony of a person who later testifies at trial will be provided to the defense
89
Q

What is the 6e list?

A
  • Created & maintained by the AUSA

- List of people who have authorization to GJ matters

90
Q

What is a charging document?

A

Used to notify def. of criminal offenses he has been charged with (by code & section)

91
Q

What are the charging documents for: a non-capital felony?

A
  • Indictment, unless def. waives it

- Information

92
Q

What are the charging documents for: a capital felony?

A
  • Indictment ONLY
93
Q

What are the charging documents for: a misdemeanor?

A
  • Criminal Complaint, or

- Information

94
Q

What are the charging documents for: a petty offense/infraction?

A
  • Citation or violation notice
95
Q

What is “discovery,” and who responds to it?

A
  • Defense is entitled to know what evidence the gov’t has
  • Info is only disclosed according to specific rules
  • ## If there is no rule, gov’t isn’t required to show itAUSA responds to it
96
Q

What is discoverable under “rule 16?”

A

Gov’t MUST disclose:

  • Any written/recorded statements made by def.
  • Oral statements made to known LEOs
  • Def’s CCH
  • Documents & items gov’t will offer into evidence
  • Items obtained from def.
  • Reports of examinations & tests
97
Q

What is NOT discoverable under “rule 16?”

A
  • Reports from witness interviews or statements (but might be discoverable under “Jencks”)
  • Internal gov’t reports (made by you or AUSA)
98
Q

What is the “Brady Doctrine?” Give examples of exculpatory evidence:

A

Requires the gov’t to tell the defense if any evidence is known that another person may have committed the offense
(Ex: info supporting an alibi, affirmative defense)

99
Q

What is dicoverable under “Giglio?” Give an example:

A

AUSA must disclose info to defense that may be used to impeach a trial witness, including LEO’s
(Ex: prior untruthfulness, paid to alter testimony, etc.)

100
Q

What is discoverable under the “Jencks Act” and “rule 26.2?”

A

Jencks - agents notes may be discoverable if they are adopted by a witness to use as their statement
26.2 - requires prior witness statements to be disclosed to defense at suppression or detention hearings

101
Q

Who prepares the pre-sentencing report? What goes in it?

A
  • Probation Officers

- Consists of: Interviewing witnesses & reviewing documents (CCH, financial record, def’s behavior)

102
Q

What’s the officer’s role in the sentencing phase?

A

Prepares the report for the sentencing judge

103
Q

How many people are needed to form a conspiracy? What about Gov’t Agents or Confidential Informants?

A

Two (2)
- Gov’t agents and CI’s don’t count (they don’t ultimately believe in the overall plan, and will not assist in carrying it out)

104
Q

When does a suspect “have knowledge” of a conspiracy?

A 
They MUST know:
- the conspiracy exists
- the overall plan/purpose of it
- there will be an agreement
They do NOT need to know:
- all the details
- number, identity, or role of everyone involved
105
Q

When does a suspect have knowledge AND intent of a conspiracy?

A
  • Must have a knowingly agreed TO PARTICIPATE, or “intent to help it succeed”
    (just knowing about it or giving approval/sympathy is not enough)
106
Q

Define what an “agreement” is to commit a conspiracy and its functions:

A

Agreement - a common understanding to jointly commit either:
A) crime against the US, or B) defraud the US
Note: Factual Impossibility/stupidity is NOT a defense (planning to kill Regean w/o knowing he is already dead)

107
Q

What is the definition of an “overt act” regarding conspiracy?

A
  • Taking words into actions
  • Must occur after the agreement, and be committed by a co-conspirator
  • can be criminal or non-criminal, doesn’t matter
  • only ONE (1) act is required for conspiracy to be kicked off
108
Q

What is a “late joiner” regarding a conspiracy? Under what factors are they held liable for their actions?

A

They will be guilty of conspiracy, AND any acts committed by ANY co-conspirator while they still remain a member of the conspiracy. They can’t be held responsible for any acts that took place prior to joining, but it can still be used as PC to charge them with the conspiracy itself

109
Q

What is a “valid withdrawal” regarding a conspiracy? Under what factors are they held liable for their actions?

A

In order for a conspirator to “validly withdrawal,” they MUST:
A) commit an affirmative act inconsistent with the conspiracy (drive off and leave the area), AND
B) communicate to either the other conspirators or the police of their act or withdrawal
NOTE: just sitting back not participating is NOT good enough
——-
If a quitter leaves BEFORE an overt act even takes place, they won’t be held responsible for anything, not even conspiracy (remember: an act is required for conspiracy to even exist). If a quitter leaves AFTER the over act takes place, they will be charged with conspiracy and any other acts that took place while they remained as a member. Once again, they can’t be held responsible for any acts that took place prior to them joining.

110
Q

When does Conspiracy end?

A

When either:
A) the objective has achieved
B) ALL members walk away/abandon, or
C) Any member of a two-person conspiracy withdrawals

111
Q

What is “Aiding and Abetting?” What are the elements? What is the punishment?

A

Someone who knowingly assists someone else in the commission of a crime
- the crime has to actually take place
- the suspect must have knowledge of it
- suspect has to have participated, either BEFORE or DURING the commission
——————
The crime itself!

112
Q

What is “Causing the Commission of a Crime?” What are the elements?
Give an example:
What is the punishment?

A

Someone who knowingly causes another to commit a crime (the other person may be blind and have no clue of the results)
- suspect caused an act to be done
- the act itself would be a crime if committed by the suspect
- the “causing” was intentional
( ex: nurse unknowingly gives lethal IV’s in a hospital)
——
The crime itself!

113
Q

What is an “Accessory after the Fact?” What are the elements? What is the punishment?

A

Someone with knowledge that a crime was committed, assists the suspect by concealing the crime, or preventing the suspect from apprehension or punishment
- a crime HAS to be committed
- the offender has to know the crime was committed
- and willfully assisted in hindering the apprehension/punishment of the person who committed it
NOTE: Silence is NOT enough. There needs to be an actual act, or deliberate lying to the police, etc.
———–
Punishment could be up to 1/2 of the max sentence for the crime, or 15 years if it is a life sentence

114
Q

What is “Misprision of a Felony?” What are the elements? What is the punishment?

A

Someone who has knowledge of a felony offense, but takes affirmative steps to conceal the crime and fail to disclose it to authorities
- suspect must have knowledge of the felony
- suspect must have committed an act of concealment, AND
- must fail to tell the police
————–
Punishment is 3 years

115
Q

Mail Fraud 1341 - what factors determine how/if a suspect is charged?

A
  • Doesn’t matter if suspect does it on accident. If it ends up in the mail regardless = guilty
  • Final destination does not matter, but mail carrier itself must be INTERSTATE/postal service/UPS
  • Mailings after the fraud has taken place (invoices to victim from credit card company) don’t count
  • Lulling Letters (false sense of security to postpone apprehension) DO count regardless
116
Q

Wire Fraud 1343 - what factors determine how/if a suspect will be charged?

A

Someone who uses the telephone, TV, or internet to promote a fraudulent scheme.

  • Only real requirement is that the connection between suspect and victim was made OUT-OF-STATE in some way
  • Doesn’t matter if defendant does it on accident
117
Q

What is the “National Stolen Property Act?” What is Paragraph One?

A

It prohibits the INTERSTATE (or foreign) transportation of stolen goods

  • Paragraph One: prohibits interstate/foreign transportation of stolen goods worth $5,000 or more
  • doesn’t matter how it is transported
  • doesn’t matter if the transport was on accident, only knowledge the goods were stolen
118
Q

Regarding the “National Stolen Property Act?” What is Paragraph Two?

A

It prohibits the luring of victims across state lines (or foreign travel) to further a fraudulent scheme.

  • the value of how much the victim is to be cheated must be $5,000 or more
  • doesn’t matter if the victim actually lost it or not, only that they traveled
  • doesn’t matter if the money itself crosses or not, only the victim themselves. If victim crosses at any time due to the scheme, as long as $5,000 or more is involved = suspect GUILTY!
119
Q

Regarding the “National Stolen Property Act?” What is Paragraph Three?

A

It prohibits the INTERSTATE (or foreign) transportation of forged/counterfeit securities or tax stamps

  • consists of the front of any checks
  • airline tickets, credit cards, leases, and foreign currency DO NOT COUNT (these are under a different statute)
  • suspect can be charged for each check
  • suspect must have fraudulent intent, and must know the checks were fraudulent
  • doesn’t matter if suspect was the one to actually make/forge them
120
Q

Where are court proceedings normally held for Mail Fraud, Wire Fraud, or ITSP?

A

DOJ policy = the beginning or ending points (rather than the districts the mail traveled through)

121
Q

What is Title III? Who can approve it?

A

Allows Feds to wiretap and record non-consensual, real-time conversations.
- US District Ct. Judges ONLY can approve

122
Q

When is Title III required? When DON’T you need Title III (what are some situations that are NOT protected by Title III)?

A

1- Face to face (REP areas, public doesn’t matter)
2- Any phone/cellular comms
3- Any internet-related comms (IM’s)
——-
- When you have a right to be where you are, and can hear the comms UNAIDED
- If at least one (1) or more parties to the comm gives voluntary consent

123
Q

Who can apply for Title III?

A

Any investigative LEO’s, or AUSAs

124
Q

What crimes qualify for a Title III?

A
  • For Oral/Wired Comms, must be a felony listed in 2516

- For Electronic Comms, ANY federal felony applies

125
Q

What is required on a Title III Application?

A

1- Name of LEO & DOJ official
2- Statement of Facts & Cirumstances (Affidavit)
3- Necessity statement (explaining what other methods have been tried and failed, justifying the need for Title III)
4- Time Period (30 + 10)
5- Statement of Prior Applications (includes all attempts of intercepts, including other agencies
6- Minimization Statement (any convo that is not part of the investigation will not be recorded)
7- Request for Covert Entry (req’d by DOJ policy)

126
Q

How much time is permitted for a Title III? How long does it take to get approved? How long does it take to get up and running?

A

Takes 30 days to get approved, about 48 hrs to get up and running
Lasts for 30 days + 10 to install
- Clock starts ticking after LEO interception, or when order is issued (whichever comes first)

127
Q

What are some limitations of “Consent” monitoring?

A
  • The consenting party must be present at all times when the device is operating.
  • Any areas that are considered REP require a Title III
128
Q

What devices are EXEMPT from Title III?

A

1- Pagers
2- Tracking Devices, Beepers, Transponders (GPS devices, ruled under JONES)
3- Video-Only Surveillance
4- Public Comms (AM/FM radio transmissions)

129
Q

What are the primary Electronic Tracking Devices? What law governs them?

A

Tracking Devices, Beepers, Transponders (GPS devices)

- Governed by 4th amendment, and JONES

130
Q

What is needed to use a Electronic Tracking Device? Who can approve it?

A
  • Rule 41 Warrant

- US Magistrate (or District) judges

131
Q

How much time is permitted for a ETD warrant? How long do you have to return a copy of the results to the target?

A

45 days + 10 to install, 10 to return to target

132
Q

What about installation vs monitoring? When are ETD’s exempt from needing a warrant?

A
  • Installation by itself doesn’t constitute a search. Device must be gathering information
  • Only when turned “ON” AND monitored on public roads (outside of REP)
133
Q

What is required on a Rule 41 (GPS) Application?

A
  • Identity of person to be tracked
  • Name of Magistrate judge
  • Time Period (45 + 10), daytime only
  • Command of return
134
Q

What are Pen Registers? What are Trap & Trace Devices?

A

Pen Registers - devices that capture all OUTGOING phone numbers, and emails from a target (no content)
Trap & Trace - capture all INCOMING phone numbers, and emails to a target (no content)

135
Q

What governs the usage of PRs + T&T?

A
  • NEITHER 4th or Title III

- Both fall under Section 3123

136
Q

How do you obtain a warrant for a PR or T&T? Who can approve it?

A
  • Obtain a Court Order 3123
  • Request from AUSA
  • US Magistrate, District or Appellate judge
137
Q

What is required on a Court Order 3123?

A
  • Name of LEO’s agency
  • Name of the attorney
  • Certification that the info is “relevant” to the case
138
Q

How much time is permitted for a 3123 on a PR or T&T? Where is it good for?

A

60 days

- Anywhere in US

139
Q

What happens if you use a PR or T&T before getting a CO 3123?

A

Evidence will still be good, but you may face civil liabilities

140
Q

What are the requirements for obtaining Video-Only Surveillance (no audio) in areas of REP? How long is the warrant good for?

A

Governed by 4th amendment. Super SW is needed for REP (almost Title III), but nothing for public areas
- Good for 30 days

141
Q

What are the classifications of Stored Electronic Communication (email)?

A

1- Basic Subscriber Info (names, addresses, phones, ISP and who pays for it)
2- Contents (the subject, body, attachments i.e. the full email)
If it has been sitting there > 180 days (its old, get a SUBPOENA
If sitting there < 180 days (its fresh, so you will need a SEARCH WARRANT

3- Transactional Records (websites visited, other IPs they’ved connected with)
Requires a COURT ORDER 2703(d)

142
Q

What is required to obtain this info from a suspect?

Who can approve the Transactional Record request?

A

Basic Subscriber - Subpoena

Contents (of email) - If it is older than 180 days, get a Subpoena. If is relatively fresh (< 180 days), you will need a Search Warrant

Transactional Records - Court Order 2703 (d)
- Magistrates or higher

143
Q

What is a “Preservation” letter? How long is it good for?

A

In regards to a Court Order 2703, it is a letter send to an ISP requiring them to preserve the Transactional Records
- They must retain this info for 90 days

144
Q

When can a computer, cell phone, or pager be searched or seized w/o a warrant?

A

Computers - Any time it is “exposed” in public (leaving it out for others to see, or taking it to a repair shop). If person shows REP, you need a warrant or consent. Third parties can give consent if they are a co-user, but not when special passwords or encryptions are in place
Cell Phones - Numbers & texts are okay in SIAs, but not VM’s (those are stored elsewhere)
Pagers - all good during an SIA

145
Q

What is required in a Search Warrant for a computer?

A

Describe the DATA (software) you want. Make note the info may be located on a thumb drive elsewhere. Cloud and Internet info require additional warrants FOR EACH LOCATION where data might be stored

146
Q

What should you do if the computer requires a lot of “technical expertise?” What does section 3105 allow you to do?

A
  • called the “Independant Component Doctrine”
  • Describe the reasons WHY, justifying you taking the computer off-site
  • Technical Assistance, section 3105 allows you to bring a computer expert with you

CITP (2 decks)

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