C550 Law Enforcement Authority review

Question 1

What does the Fourth Amendment protect against?

Answer 1

Unreasonable searches and seizures

Question 2

The Fourth Amendment requires searches and seizures to be supported by ____ and a ____ or an _____ to the warrant requirement.

Answer 2

PC, warrant, exception

Question 3

This rule excludes unlawfully obtained evidence from being admitted at criminal trials. Its purpose is to discourage officers from violating the Constitution.

Answer 3

The exclusionary rule

Question 4

This doctrine extends the exclusionary rule to include items indirectly obtained by unlawful government conduct.

Answer 4

Fruit of the Poisonous Tree

Question 5

Searches and seizures require a minimum level of suspicion to be reasonable under the Fourth Amendment. What are the levels of Suspicion from lowest to highest?

Answer 5

-zero suspicion
-some or mere suspicion
-reasonable suspicion
-probable cause
-reasonable certainty
-proof beyond a reasonable doubt

Question 6

Name that level of suspicion! (Arrest)

Answer 6

PC

Question 7

Name that level of suspicion! (Investigative detention)

Answer 7

Reasonable suspecion

Question 8

Name that level of suspicion! (Allow a dog to sniff an object)

Answer 8

Zero

Question 9

Name that level of suspicion! (X-ray a container at the border)

Answer 9

Zero

Question 10

Name that level of suspicion! (Apply deadly force)

Answer 10

PC that the subject poses an imminent threat of death or serious bodily injury

Question 11

Name that level of suspicion! (Seize property for forfeiture)

Answer 11

PC

Question 12

Name that level of suspicion! (Plain-view seizure)

Answer 12

PC

Question 13

Name that level of suspicion! (Review documents discovered during a border search)

Answer 13

Zero

Question 14

Name that level of suspicion! (Perform an advanced search of an electronic device that stores information)

Answer 14

Reasonable suspicion

Question 15

Name that level of suspicion! (Perform a destructive border search of a thing)

Answer 15

Reasonable suspicion

Question 16

Name that level of suspicion! (Instruct a traveler to remove his jacket so that it can be searched at the border)

Answer 16

Zero

Question 17

CBP Officer’s statutory arrest authority: May arrest based on a _____

Answer 17

Federal arrest warrant

Question 18

CBP Officer’s statutory arrest authority: May arrest without a warrant for any federal felony when the officer has this level of suspicion

Answer 18

PC

Question 19

CBP Officer’s statutory arrest authority: May arrest without a warrant for a federal _____ if the officer sees the suspect commit the offense in the officer’s presence

Answer 19

Misdemeanor

Question 20

What is the definition of “seizure” for objects?

Answer 20

Government interference with a person’s possessory interests in property

Question 21

What is the definition of “seizure” for people?

Answer 21

Government interference with a person’s freedom of movement, where a reasonable person would not feel free to leave.

Question 22

The use of force by a government actor must be both ____ and _____.

Answer 22

Necessary and reasonable

Question 23

May an officer use deadly force simply to prevent an escape?

Answer 23

No

Question 24

What is the legal standard for use of deadly force?

Answer 24

The officer must have probable cause that subject poses imminent threat of death or serious bodily injury

Question 25

What is the definition of a search?

Answer 25

Any goverment intrusion into an REP or a constitutionally protected area

Question 26

Does a person have REP when crossing the border?

Answer 26

Yes

Question 27

Is there REP in abandoned property?

Answer 27

No

Question 28

If you examine abandoned property, will things you discover be admissible in court?

Answer 28

Yes

Question 29

Is a dog sniff of an object considered a search?

Answer 29

No, as long as the dog does not intrude into REP

Question 30

Is there REP in overheard conversations?

Answer 30

No

Question 31

If you listen to a conversation in public, will the information you discover be admissible in court?

Answer 31

Yes

Question 32

What is a plain view seizure?

Answer 32

An officer may seize an item when making a lawful observation of an item, has lawful access to the item, and there is obvious PC that the item is contraband or evidence

Question 33

What exception allows you to search a person who's just been arrested?

Answer 33

Search incident to arrest

Question 34

What does an officer need to conduct a search under the mobile conveyance exception?

Answer 34

Probable cause that there is contraband or evidence in a readily mobile conveyance

Question 35

Are searches based on consent reasonable?

Answer 35

Yes, so long as… -consent was knowing and voluntary -consent was given by someone with authority to consent, and -search was limited to the consent given

Question 36

What are the 3 requirements for a border search?

Answer 36

Who, what, and where

Question 37

Who may perform a border search?

Answer 37

Authorized govemment officers, including CBP. HSI, Coast Guard, and others cross-designated

Question 38

What is an officer searching for during a border search?

Answer 38

Aliens, evidence of admissibility, and merchandise (goods, wares, and chattels of every description, including contraband and monetary instruments)

Question 39

Where can a border search be conducted?

Answer 39

At the border, the FEB, or the extended border

Question 40

What is required for an FEB inbound search?

Answer 40

-Reasonable certainty there has been a border nexus -Reasonable certainty there has been no material change -First practical detention point

Question 41

What is a border nexus?

Answer 41

-Actually crossing the border -Having meaningful contact with uninspected people or things that crossed the border

Question 42

What is required for an FEB outbound search?

Answer 42

-RC there will be a border nexus -RC there will be no material change -Last practical detention point

Question 43

What is required for a search at the extended border?

Answer 43

-RC there has been a border nexus -RC there has been no material change -Reasonable suspicion of criminal activity

Question 44

Does it matter if the person intends to stay in the U.S.?

Answer 44

No

Question 45

Can an officer take a "second look" at the FEB?

Answer 45

Yes

Question 46

What level of suspicion is required for an immediate weapons patdown?

Answer 46

Some or mere

Question 47

What factual basis does CBP policy require when conducting a full patdown?

Answer 47

At least one articulable fact

Question 48

What level of suspicion is required for a medical exam?

Answer 48

Reasonable suspicion

Question 49

What should an officer do if they have PC that there is contraband in a diplomat's luggage?

Answer 49

Notify a supervisor

Question 50

Can USCs have diplomatic immunity in the U.S.?

Answer 50

No

Question 51

May an officer consider a subject's race or religion when developing a level of suspicion?

Answer 51

No, but race, religion, or ethnicity-based information that is specific to a particular suspect(s), incidents, or activities may be considered

Question 52

Miranda warnings are needed when a criminal subject is in ____ and the officer intends to _____.

Answer 52

Custody, interrogate

Question 53

When is an OFO subject in custody?

Answer 53

-When told they are under arrest -When confronted with evidence of guilt -When subjected to a medical examination

Question 54

What is interrogation?

Answer 54

Any words or actions that are likely to elicit an incriminating statement

Question 55

Can a subject's spontaneous statements be admissible when no Miranda warning was given?

Answer 55

Yes, because there was no interrogation

Question 56

Are the Miranda requirements different for juveniles?

Answer 56

Yes, juveniles must be Mirandized immediately, even if you don't plan to interrogate

Question 57

All arrested aliens must be offered ____ notification

Answer 57

Consular

Question 58

We have a treaty with some countries that makes consular notification ____

Answer 58

Mandatory

Question 59

What rule requires disclosure of information favorable to a defendant on issues of guilt or punishment?

Answer 59

Brady

Question 60

What rule requires disclosure of prior reports or statements on the subject an officer will testify about in court?

Answer 60

Jencks

Question 61

What rule requires disclosure of information about an officer who will testify if it shows dishonesty or bias?

Answer 61

Giglio

Question 62

Which of these rules could cause an officer to lose their job?

Answer 62

Giglio

Question 63

Officers may not accept gift from ______

Answer 63

Prohibited sources

Question 64

The _____ Directive provides guidance to CBPOs who encounter violations of state law, whether on-duty or off-duty

Answer 64

State crimes

Question 65

Officers who make official false statements off-duty may face ______

Answer 65

Employment discipline

Question 66

If their actions are reasonably foreseeable, an officer who is performing official duties based on statutory authority to act, and is acting at the….

Answer 66

Scope of employment

Question 67

What should you do if you are served with a complaint in a job-related civil lawsuit?

Answer 67

Notify your supervisor and the local Chief Counsel office and provide them with copies of the papers

Question 68

When will a CBPO qualify for Department of Justice representation in a civil lawsuit?

Answer 68

If the officer was in the course and scope of employment at the time of the incident