what are your options besides arresting a Congressperson?
- traffic citation
- subpoena
- summons
- prosecution
what are the exceptions where you CAN arrest a congressperson?
- felonies
- breach of peace
what procedure must you follow if you arrest a juvenile?
- miranda rights
- notify parents of rights
- notify AUSA
- take to a magistrate judge FORTHWITH
can you give out information about the arrest of a juvenile to the media?
- HELL NO
what is the Vienna Convention on Consular Relations (VCCR)?
- the protocol for the treatment of FOREIGN NATIONALS arrested in the US as well as for US citizens arrested by foreign governments.
who is a foreign national?
- any person who is not a US citizen
what are the general notice requirements required by the VCCR?
- the foreign national must be told of the RIGHT OF CONSULAR NOTIFICATION AND ACCESS.
who is the consular official and what does he do?
- they provide assistance to foreign nationals by:
- arranging legal representation
- contacting family members
if foreign national is not on the country on the mandatory list:
- Basic Rule applies:
- must inform the foreign national without delay of the OPTION to have his consular official notified upon detention
if a foreign national is ON the country on the mandatory list:
- Special Rule applies:
- must notify that countries consular official of ARREST or DETENTION of their foreign national WITHOUT DELAY
what is the purpose of a preliminary hearing?
- to determine if PC exists
what happens if the judge determines there’s no PC?
- case is dismissed
or
- although AUSA may still seek an indictment
what happens if the judge determines there IS PC?
- further proceedings (GRAND JURY INDICTMENT)
in what situations are the preliminary hearing NOT conducted?
- if an indictment or information is obtained before the arrest
or
- if an information or indictment is filed before
- 14 days if subject is in custody
- 21 days if subject is not in custody
what happens at the arraignment?
- proceeding to advise defendant of nature of charges, including punishment
- where PLEAS are entered
what is diplomatic immunity?
- a subject who can’t be arrested for any criminal offense.
what do you do after you VERIFY the persons diplomatic status?
- do not arrest
- investigate and prepare report
- do not handcuff
- do not search or frisk their person, vehicle or belongings
what happens if their status is NOT verified?
- treat them like any other suspect.
what is the two fold function of the grand jury?
- accusatory: return indictments
- investigatory: investigate crimes WITHIN district
what is the jurisdiction of the grand jury?
- crimes within district
how is grand jury selected?
- selected by random drawing by clerk of the court
how long do they serve?
- generally for 18 months
- possible 6 month extension
what is empaneling the grand jury?
- empaneled by the district court judge
- consist of 23 persons
- 16 grand jurors minimum present when grand jury sits
describe grand jury setting:
- in a special private room
- formal
who guides the grand jury?
- AUSA
who is present in the room when a witness testifies before the grand jury?
- AUSA
- interpreter
- court reporter
- members of the grand jury
who is present when the grand jury votes?
- ONLY THE GRAND JURY
what rights does the target have before the grand jury?
- none, he does not have the right to be present or even have his attorney present!
how is evidence presented before the grand jury?
- the AUSA presents evidence to GJ
- witnesses, documents,
how many votes are required for an indictment?
- agreement of 12 jurors (TRUE BILL OF INDICTMENT)
what is a sealed indictment?
- keeping the indictment secret until the defendant is in custody in order to avoid tipping off the defendant
when does the grand jury’s power end?
- once an indictment has been returned on a charge
what are some situations where a grand jury subpoena will be useful?
- officer seeks consent to search but the person refuses consent
- an officer may request a search warrant BUT there may not be PC for the warrant
- an officer may request a court order for information but the judge refuses it
what’s the legal standard for getting a grand jury subpoena?
- must be served to the person named in subpoena ONLY
A subpoena Ad Testificandum
- commands appearance of a witness
A subpoena Duces Tecum
- commands person to produce specific materials (books, papers, data)
what happens if you fail to comply with a subpoena?
- contempt of court
what is quashing a subpoena?
- a request to cancel the subpoena
- this request may be granted, denied, or modified to limit what the person must provide.
what is quashing a subpoena?
- a request to cancel the subpoena
- this request may be granted, denied, or modified to limit what the person must provide.
what is the legal requirement for a subpoena?
- RELEVANT to the investigation
what are the limitations on the use of grand jury subpoena?
- may only investigate crimes in their DISTRICT
- may only investigate criminal (NOT CIVIL)
- may not compel a person to submit to an interview
what are “grand jury matters”?
- information protected by grand jury secrecy rules which officers can not disclose
what are items included in “grand jury matters”?
- names of witnesses
- testimony of witness/officer
- documents subpoena’d by the grand jury
- other grand jury matters
how do you get a grand jury subpoena?
- contact AUSA’s office and request
advantages of using an Inspector General subpoena:
- no secrecy rules
- criminal or civil matters
-
who may disclose grand jury matters?
- a private citizen
- an AUSA
- never the officer
when can AUSA release info on grand jury matters?
- for the purpose of enforcing federal criminal law
- to another AUSA to enforce law
- to another grand jury
- a grand jury testimony of a person who later testifies at a trial (jencks act)
- foreign intelligence
what is the 6 e list?
- a list of persons the AUSA has authorized to see grand jury matters
- officers may disclose grand jury matters only to those on that list.
if your name is on the 6 e list, can you disclose grand jury matters to people who are not on the list?
- NO
charging document for a CAPITAL FELONY:
- indictment
- District Court
charging document for a non CAPITAL FELONY:
- indictment, unless waived, then by information
- District Court
charging document for a MISDEMEANOR:
- information
- District Court
charging document for a class A misdemeanor:
- complaint
- magistrate court
charging document for a PETTY OFFENSE:
- complaint
- magistrate court
what is discovery?
- when the defense is entitled to know what evidence the government has
who responds to discovery?
- the defense
what is discoverable under rule 16?
- upon request, government must disclose MOST statements made by the defendant, if intending to use statement at trial!
what is not discoverable under rule 16?
- reports of witness interviews or recorded statements
- internal government documents made by you or AUSA (MOI, reports, memoranda)
what is the Brady doctrine?
- must give to defense any evidence that is FAVORABLE to the accused
examples of exculpatory evidence:
- information supporting an alibi
- information supporting an affirmative defense
- evidence that another may have committed the charged offense
what is a giglio?
- government witness impeachment
what is discoverable under giglio?
- any evidence affecting the credibility of a govt witness
example of giglio:
- payment of money for information or testimony
- lied in an investigation
- past or pending criminal charges
- specific instances of inconsistent statements
jencks act:
- must give defense any prior statements of trial witnesses in possession of govt.
rule 26.2
- extends jencks act requirements beyond trials to other court proceedings such as suppression or detention hearings
who prepares pre sentencing report?
- US Probation office
what goes in pre sentencing report?
- a specific sentencing recommendation
what is the officers role in the sentencing phase?
- TO COMPLY WITH REQUEST FOR INFORMATION FROM THE PROBATION OFFICER