Statute of limitations

Question 1

Statute of Limitations

General Rule

Answer 1

o 18 USC 3282 (general rule) – no person shall be prosecuted after 5 years from date offense committed. Information or indictment needs to be filed before 5 years. (doesn’t include capital offenses or if otherwise expressed)

Question 2

Two ways to get Jurisdiction

Answer 2

Congress grants agency authority.
OR by an agency with authority (from congress) granting it to the other agency through a MOU (memo of understanding) or MOA (memo of Agreement).

Question 3

Enforcement Authority

Answer 3

Sources:

• Constitution
• Statutes
• Regulations
• Policies, directives, presidential proclamations, executive orders, treaties, international law, and presidential directives.

Question 4

Seizures that require no suspicion

Answer 4

• Boarder detention
• Immigration checkpoint
• Vessel Document Check

Question 5

Due Process Voluntariness Test

Answer 5

• Must be: freely and voluntarily
• Not result of threats or violence
• Not the result of direct or implied promises
• Not the result of improper influence
• Not the result of overbearing the defendant’s will to resist

Question 6

Custody

Answer 6

• Facts and circumstances that surround interrogation
• Would a reasonable person believe they are free to leave?
• Was there a formal arrest or restraints? Was FOM limited?

Question 7

Miranda

Answer 7

• Law enforcement questioning + Custody (restricted F.O.M) = Miranda

Question 8

Public Safety Exception (5th)

Answer 8

When there is a reasonable concern for public safety regarding an immediate danger.

Question 9

Terrorist Questioning

Answer 9

• DHS policy states SA are allowed to interrogate w/o Miranda in a case of immediacy.
• Must stop questions once immediacy is gone. Once gathered enough info to deal with the situation.
• If not immediate – SA must contact JTTF and JTTF will conduct interrogation.

Question 10

Non-Citizen Admissibility Interrogation

Answer 10

Those seeking admission into US through port of entry, no right to remain silent, has information production burden

Question 11

Peace officer status

Answer 11

Granted by state to fed Leo to enforce state laws

Question 12

Limited arrest authority

Answer 12

Some statues have statutes to allow HSI authority to enforce state law

Question 13

Private citizen arrest

Answer 13

Citizen given authority to arrest for a felony or dangerous misdemeanor committed in their presence

Question 14

Rule 5a

Answer 14

Must be brought before a magistrate judge w/o unnecessary delay
6 hour rule applies to interrogation following arrest

Question 15

Juveniles arrested

Answer 15

Must be taken before a magistrate forthwith

Immediately notify AUSA and parents

Question 16

48 hour rule

Answer 16

Arrest made w/o warrant - PC be made before a neutral and detached magistrate

Question 17

Prelim hearing

Answer 17

Must be held unless:
Defendant waives
Indictment by grand jury
Or Gov files criminal information

Question 18

Arraignments

Answer 18

Must be conducted in open court
Must be read indictment or information
Can be waived by defendant

Question 19

Pre-trial discovery

Answer 19

Brady- info against defendant must be disclosed
Giglio- gov witness with history of lying or credibility issues must be disclosed
Henthorn- attorney can request files on Leo’s /witnesses
Jencks- Gov statements or reports relating to subject of testimony at trail

Question 20

6th amendment right to counsel

Answer 20

Right to counsel at all critical stages of the criminal proceedings
Starts at time of formal charging
Defendant may waive right
If waived, can’t interrogate unless def approaches SA to speak and waive rights

Question 21

Crawford rule

Answer 21

Testimonial statements of witnesses absent from trial will be admitted only where the declarante is unavailable and only where def has a prior opportunity to cross examine