Exam 3 Flashcards
(172 cards)
1
Q
What amendment does not apply to physical evidence as it is testimonial?
A
5th amendment
2
Q
Under the 5th amendment can a suspect be ordered to provide a blood sample, urine or saliva?
A
Yes , providing that evidence does not have testimonial aspect
3
Q
What is the test for the fifth amendment right against compelled self-incrimination?
A
Voluntariness
4
Q
Wh at is the test of a defendants statement under the 5th amendment right against compelled self-incrimination ?
A
Whether it was voluntary or not
5
Q
What has the Surpreme Court held is necessary to find that a confession is involuntary?
A
Coercive police activity
6
Q
What are the 4 acceptable practices that police can use to obtain information?
A
- Admonition to tell the truth
- Statement of coooperation
- Confronting someone with evidence
- Mild deception
7
Q
What also applies to interrogations and utilizes the same voluntariness test, however it is only applicable to state and not Federal cases?
A
The Due Process Clause of the 14th amendment
8
Q
What is required prior to custodial interrogations?
A
Miranda warnings
9
Q
When are Miranda warnings required?
A
- Cops
- Custody
- Questions ( interrogation)
10
Q
T or F? The term custody for purposes of Miranda differs from the 4th amendment term seizure?
A
True
11
Q
What is generally recognized as the hallmark of formal arrest?
A
Handcuffing
12
Q
What are the key exceptions to Miranda?
A
- public safety
- Routine traffic stops
- undercover covert questioning
- Routine booking questions
- Impeachment
13
Q
A valid Miranda waiver can be?
A
Expressed or implied
14
Q
what are 2 ways to invoke Miranda rights?
A
1) the defendant indicates that he or she does not wish to say anything
2) that they ish to have an attorney
15
Q
What happens if a suspect invokes his right to counsel?
A
Questioning must stop unless the lawyer is present or the suspect reinitiates questioning about the investigation
16
Q
When does a suspects right to counsel arise?
A
At the time the adversarial judicial process begins
17
Q
What’s purpose is to be represented by counsel to assist the accused in preparing their defense to trial?
A
The 6th amendment
18
Q
Formal criminal charges are initiated against a defendant in one of 3 ways
A
- Indictment returned by grand jury
- Information filed by federal prosecutor
- Initial appearance of the defendant after arrest
19
Q
What amendment is offense specific while Miranda is not?
A
6th Amendment
20
Q
If a defendant in custody who invokes his right to counsel, how can he be be reproached for questioning?
A
If his counsel is present
21
Q
Which amendment is known as the Fruit of the Poisonous Tree Doctrine?
A
4th amendment
22
Q
How long is a law enforcement officers safe harbor after a suspect’s arrest within which to question him before presentment to a magistrate for initial appearance?
A
6 hours
23
Q
When should a juvenile be read their Miranda rights?
A
Immediately following their arrest
24
Q
What is triggered after any arrest, detention, or other commitment to custody which results in a foreign national being incarcerated for more than a few hours?
A
Notification requirements under U.S Dept of State procedures
25
What is ATF's reputation often based upon?
Investigative reports
26
While a report is not meant to be a verbatim account it should be what?
1. Accurate
| 2. Complete
27
What are the 4 main reasons we write reports?1.
1. document investigative activity
2. provide a basis for criminal prosecution related to the elements of a criminal violation
3. provide a basis for criminal and administrative decisions
4. document case specific and criminal intelligence information
28
What 7 things should all reports be?
1. Clear
2. Concise
3. Accurate
4. Complete
5. Timely
6. Factual
7. Objective
29
How long after an event do you have to submit a report?
5 business days
30
What is the 3 pronged report content test?
1. Facts that prove elements of the offense
2. information about which the writer can testify
3/-.information about which a witness can testify
31
For formatting a report what is the proper font and size?
Times New Roman, 12
32
Report should be written in
third person
33
Reports must be written in what voice?
Active Voice
34
What are the 2 sections of a report?
1. Summary of the Event
| 2. Narrative
35
What should the summary contain?
When? Who? What? Where?
36
The narrative contains what related to the events?
Details
37
What should be in the 1st paragraph of the narrative?
introduce suspect by full name, race, gender and DOB
38
The last paragraph of the narrative section of a report should provide what in regards to property in LE custody?
The location
39
What third heading may be added if necessary?
ATTACHMENTS
40
What can be placed in the ATTACHMENTS section?
1. Copies of other investigative reports
2. Copies of signed original documents
3. Copies of photographs
41
What is the 3 step process for completing an ROI?
1. Create the event
2. write the report
3. generate the ROI
42
What is a tool of assessment in which information is gathered through direct, reciprocal communication?
an interview
43
Why are interviews conducted?
to gain information and evidence related to the elements of a criminal violation
44
How is gaining information and evidence in an interview obtained?
through purposeful conversation with witnesses and suspects
45
what are the 3 categories of people in the case management system?
1. Investigative Participants
2. Suspects/defendants
3. Other persons
46
What is the ultimate goal of any interview?
Gather all information that the interviewee possesses that pertains to the subject matter
47
What is the communication or reception of knowledge or intelligence?
Information
48
What may deconfliction efforts identify in regards to interviews?
past contacts with the interview subject
49
What forms are needed to prepare for an interview?
1. Wavier of rights
2. Affadavit
3. consent to search
4. witness rights (tear off sheet)
5. Warning letters
50
what is the one thing you want from an interview?
The Truth
51
Within how many seconds of meeting someone has the person already developed their first impression of you? What is this known as?
7 seconds, The Primacy effect
52
T or F? an Overt recording of an interview requires pre-approval of all parties to record the conversation?
False
53
Does a Covert interview require prior approval from the RAC /GS and notification be made to the AUSA because it is considered electronic surveillance?
Yes
54
What are the 4 logistical considerations for an interview?
1. Time constraints
2. Location
3. Optimal set-up
4. Distractions
55
What is the ideal number of interviewers?
Two
56
What is a relationship with mutual connections and the ability to communicate with someone?
Rapport
57
What is the ability to maintain direction, subject matter and the environment of an interview?
Control
58
What combines methodology ranging from how individuals process information, and non-verbal communication disciplines, to the verbal behavior studies shown historical to be sucessful?
Analytic interviewing
59
What is a memory retrieval and enhancement technique that uses a series of memory jogging methods, presented in an organized series of step-by-step procedures to help victims and witnesses retrieve and elaborate on information stored in their memory?
Cognitive interviewing
60
Cognitive interviewing should be used on what type of victims/witnesses?
Fully cooperating
61
What are the 6 steps of the cognitive interviewing process?
1. Opening
2. Narrative statement
3. First echo
4. Who, what, when, where, and how questions?
5. Second echo
6. Close
62
What are the 3 ways people process information?
1. Visual
2. Auditory
3. Kinesthetic
63
What are baseline questions used for?
to determine a persons normal responses and allow the interviewer observe them
64
In an effort to get accurate and complete details an interviewer can ask what type of questions by asking the interviewee what they remember most about the incident?
Framing
65
subtly imitating the interviewee allows them to perceive that the interviewer likes them, thus creating a feeling of comfort and familiarity is known as?
Mirroring
66
What is used to establish a mood or state of mind, to trigger a thought or memory, or to alter a persons behavior?
Anchoring
67
What is the admission of an act or formal declaration of guilt?
Confession
68
What is the reversal of the interviewee's initial denail?
Admission(s)
69
What is an unequivocal statement that you know is being deceptive?
Direct positive confrontation (DPC)
70
What are the 3 ways most people react to Direct positive confrontation (DPC) ?
1. Denial
2. Non-denial
3. Admission
71
What should be provided to witness or non-victim following the interview?
ATF Form 3253.1 Witness Rights Form
72
When must an ROI be completed to document the interview?
within 5 days
73
What are the 7 ways forfeiture is used?
1. to punish the criminal
2. deter illegal activity
3. remove the tools of trade
4. disrupt the organization
5. return assets to the victim
6. protect the community
7. equitable sharing for LE
74
What assets are considered "non-valued" when the Gov't has made the decision not to sell the property, and proceeds cannot be recovered from their seizure?
firearms and ammunition
75
What is any property , real, personal or any interest in property that is directly or indirectly traceable to the illegal activity?
Proceeds
76
What are 3 ways property is seen as a facilitating property?
1. the use or intended use of property in unlawful activity
2. anything that makes the crime easier to commit or harder to detect
3. requires a nexus or substantial connection between the property and the illegal activity
77
Any property that has be involved in a transaction in violation of 18 USC 1956, 1957 or 1960 is?`
Property involved in money laundering
78
What monetary value is required for 18 USC 1957(a)(1)?
greater than $10,000
79
`What is an organized conspiracy to commit or attempt to commit certain crimes by extortion or coercion?
Racketeering
80
What are the 3 types of forfeiture?
1. summary
2. Non-judicial civil administrative
3. judicial civil criminal
81
What is the legal process by which property may be forfeited by the seizing agency to the United States without Judicial involvement?
Administrative Forfeiture
82
What is the deadline for the ATF for Administrative Forfeitures under CAFRA
1. to send notice
2. for adoptions
1. 60 days
| 2. 90 days
83
What is the deadline for the claimant for Administrative Forfeitures under CAFRA to file a claim with the ATF?
35 days
84
What is the deadline for the Government for Administrative Forfeitures under CAFRA to respond to the claim by taking judicial action or returning the property?
90 days
85
What is the deadline for the ATF for Administrative Forfeitures (Non-CAFRA)?
No specific deadline, notice must simply comply with due process
86
What is the deadline for the the claimant for Administrative Forfeitures (Non-CAFRA) to file a claim and post bond?
20 days
87
What is the deadline for the Gov't for Administrative Forfeitures (Non-CAFRA)?
No specific deadline, notice must simply comply with due process
88
What is the burden of proof for all Administrative Forfeitures?
by preponderance of the evidence
89
What is the 2 pronged innocent owner defense?
1. Legal interest held at the time of illegal conduct
| 2. Bona fide purchaser for value (BFP) of interest acquired after illegal conduct
90
T or F? Criminal forfeiture is considered part of "sentencing"?
True
91
For pleas and settlements what is vital?
coordination between ATF and USAO
92
ATF must send notice within how many days of a seizure?
45 days
93
What should always be pursued if possible because abandonment is a last resort?
administrative forfeiture
94
Who is the custodial agency that maintains custody of valued assets seized by DOJ agencies and disposes of those properties after forfeiture?
USMS
95
What is the cardinal rule of Pre-seizure planning?
Always involve the USMS
96
T or F? It is not important to preserve the availability and value of what we seize?
False
97
What should you always seize when seizing an aircraft?
the log book
98
All property taken into ATF custody must be entered into N-Force within how many days after the property is taken into ATF custody?
within 5 days
99
currency seized for administrative or judicial forfeiture must be converted to a cashiers check and made payable to the USMS and transferred to USMS within how many days?
10 days
100
RE currency should be converted into cashiers check made payable to ATF and transferred to AFSPD within how many days of seizure?
10 days
101
what is the transfer of cash, forfeited property or proceeds from the sale of forfeited property to a state or local LE agency that directly participated in the forfeiture?
Equitable Sharing
102
What items forfeited to the US are never sold?
Firearms and ammunition
103
State/local agencies submit this form to request for transfer of Federally Forfeited Property
DAG-71 Form
104
What is the ATF's official case file?
N-Force
105
Data entry should be what?
1. Complete
2. Concise
3. objective
4. timely
5. factual
106
How many days do you have to generate a report following the event?
5 business days
107
Who is responsible for making the appropriate considerations with respect to Frontline, division and the Domain Assessment in order to prioritize the opening of an investigation?
first line supervisor (RAC/GS)
108
What are the 4 required deconfliction queries related to opening an ATF investigation?
1. N-Force
2. DICE
3. TECS
4. ANR
109
What year was N-Force started?
1998
110
Prior to opening a case agents must query what?
N-Force
111
Which database is DOJ confliction?
DICE
112
What database is DHS?
TECS
113
What database is NICS deconfliction ?
ANR
114
What are the 2 case opening options?
1. Actual
| 2. General
115
Actual cases contain what?
1. Agent cashier funds
2. Electronic surveillance
3. property
4. defendants
116
How many folders are located in the Case Explorer window?
12
117
What are the 3 types of investigative catergories?
1. Proactive
2. Reactive
3. Adoptive
118
What are the 3 data fields within the N-Force case management system?
1. Teal
2. White
3. Gray
119
what are teal fields in N-Force?
mandatory fields that users cannot pass without making an entry
120
what are white fields in N-Force?
not mandatory but are required when information is available
121
what are gray field in N-Force?
non -writeable
122
What are the 3 delete functions in N-Force?
1. black "X"
2. eraser to clear field
3. trash can
123
What should be used as an administrative timeline of your investigative activity?
Management Log
124
T or F? The Management Log can be used in lieu of the requirement to report investigative ROIs?
False
125
Management log entries in the investigative phase are required at a minimum of every _____ days
30
126
Who will predominately make the management log entries?
the case agent
127
Management log entries are required at a minimum of every _____ days once judicial action has been initiated.
90
128
What are the 3 different "people" for the purposes of the case management system?
1. Investigative participants/CI
2. Suspects/defendants
3. Other people
129
What should never be entered into N-Force?
CI personal identifiers/information/photos
130
What name will be used if a suspect has not been identified?
FNU LNU
131
When an actual investigation is opened, there should be at least one what?
Suspect in the case explorer
132
What addresses can be included in the locations/businesses folder?
Cross Streets (such as locations of traffic stops)
133
What is required before Electronic Surveillance can be used in an investigation?
RAC/GS approval and AUSA notification
134
A sperate E/S entry is required for each event, and must be made within ____ business days of the activity.
5
135
What is the 3 step process of finalizing a Report of Investigation (ROI)?
1. Create (insert) the event
2. Write the report
3. Generate the ROI
136
Property in ATF custody must be entered into N-Force, packaged, labeled, submitted and approved and placed in the ATF evidence vault for safekeeping within _____ business days from the date of the seizure.
10
137
What are the 5 types of ATF Action in regards to case management?
1. Seized Administratively (SA)
2. Retained for Evidence (RA)
3. Purchased (P)
4. Seized Judicially (SJ)
5. Abandoned (A)
138
Where is the recovery location when property is seized?
the location when LE first seized the items
139
The original possessor of the property is who?
the person who the property was seized from originally
140
What must all firearms in ATF custody be before the case can be closed?
they must be traced
141
T or F? All firearms in ATF custody (with a few exceptions) must be test-fired for NIBIN?
True
142
All crime guns need to be sent to/ queried in:
1. NIBIN
2. Traced
3. Stolen Firearms database
143
What is the evidence label for a property item?
the official chain of custody
144
When property is seized for forfeiture (administratively or judicially) by ATF what must be entered?
a PC statement in the Probable Cause Statements folder
145
What is a PC statement?
Links possessor, suspect to the violation, to the property being seized
146
What is required before evidence can be placed in the ATF evidence vault for safekeeping?
approval from supervisor
147
Property in ATF custody is required to be placed in the ATF Evidence vault within ___ business days of the seizure.
10
148
once initiated the entire property disposition process should be completed within __ calendar days?
90
149
When an investigative file is removed from the field office what from must be used to document the removal/custody of the file?
Form 23 Charge out Record
150
The process to move a case from the (primary) investigative phase to the judicial phase is by way of submitting what?
a formal Recommendation for Prosecution
151
Restricting a 6(e) case in the N-Force requires approval from who?
SAC
152
Negative collateral replies will be made by memorandum to who?
the SAC
153
Sensitive investigations (high profile) and critical incident response notification is provided to the ATF executive personnel through what?
i-NOTE
154
Where do you find reports that have already been generated?
Forms Explorer
155
Where do you go to find the status of pending property dispositions reports?
Forms Explorer
156
Where do you identify Victims/witnesses?
in the persons folder
157
What is the first report that should be written when you open up a case?
an ROI for case initiation
158
What is generated in order to keep upper management informed?
I-Note
159
What can be used to counter attack statements?
contemporaneous notes
160
What are 4 things that should be in your summary of event/ narrative?
Who? What? When? Where?
161
Where would you look in a report to find the location of any property that is in custody?
the last paragraph
162
Where would you document the positive results of a collateral request?
in an ROI
163
Where would you document the results of a negative request?
in an investigative memorandum
164
What is the purpose of a criminal intelligence report?
use when we are not yet sure if we need to open an actual case
165
What is the primary function of the query tool?
Identify information previously updated
166
Case familiarization should be a part of what?
Preparation
167
What are the 2 jobs of the secondary interviewer?
1. Take notes
| 2. observe the interviewee
168
Norming is another term for what?
Baseline
169
what is the best defined term for deception?
deliberately misleading
170
What are the signs of deception?
rehearsed statements
stalling
fast talking
differences from verbal and nonverbal cues
171
how should you control an interviewee's denial?
interrupt them with non verbal getures
172
what are some recommended closing questions for a cognitive interview?
1. what should I have asked?
2. who did this?
3. who would you talk to next?
4. is there anything else I should know?
5. if you remember any information please call me
