Applied Authorities 1

What are the 3 elements of a seizure?

1. Government 2. Interference 3. With a possessory interest

What are the 3 elements of Seizure of a person

1. Government 2. Interference with freedom of movement 3. Where a reasonable person would not feel free to leave

What are the 6 court established exceptions to the 4th amendment?

1. arrest in a public location 2. plain view seizure 3. hot pursuit 4. now or never 5. emergency search 6. readily mobile conveyance

What is the scope of an investigative detention?

1. brief 2. investigative 3. inquiry 4. outcome of investigative detention

When is a consent search valid?

1. consent was given voluntarily 2. by a person with authority over item or area to be searched 3. search is confined to the scope of consent

What is the definition of a search?

1. government 2. intrudes into 3. a reasonable expectation of privacy

what do you require to search a suspect or their belongings?

1.a warrant supported by probable cause, or 2. a court recognized exception to the 4th amendment, or 3. consent from the person.

Within how many days must a search warrant be served?

14 days

Identify the ways in which the Constitution limits power of the Government

3 ways: the Separation of powers, checks and balances, and bill of rights

who must perform a lawful border search

BP, CBP, A&M, ICE, Coast Guard e-4, and others designated by cbp or ice

Describe role of the legislative branch in the US Gov.

Congress passes laws called statutes and regulate trade, citizenship.

what are the 4 different courts in the federal system

District Courts, Specialized courts, Circuit court of appeals, and the Supreme Court

What exigent circumstance involves a person?

Hot pursuit

what is the executive branch's role in the government

It is the president and enforces the laws passed by congress

what is the exclusionary rule?

It prohibit the government from using illegally obtained evidence in any criminal case

What are the 4 things that Articulable facts must be?

Objective, Quality, Viewed with training and experience, and considered in totality (all together)

Principle of limited power on which US Gov is built

The Constitution grants limited power to the Federal Government

what are the sources of BP agent's enforcement authority?

The Constitution, Statutes, regulations, and policies

Who appointed federal judges?

The president

What are the 6 levels of suspicion?

Zero suspicion, mere suspicion, reasonable suspicion, probable cause, reasonable certainty, and proof beyond a reasonable doubt

What is REP reasonable expectation of privacy?

a person believes that his conduct or the location is private. a person has an expectation of privacy that society is prepared to recognize and legitimate based on the surrounding facts and circumstances

What is a temporary seizure to resolve reasonable suspicion?

a terry stop or roving patrol stop

what is open field?

an area where there is no REP from physical intrusion

What is open view?

an area where there is no REP from visual intrusion

What is the arrest of a person based on prboable cause?

any seizure of a person that exceeds the bounds of a lawful investigative detention

what are the steps to getting a search warrant?

application and affidavit with probably cause, assistant US attorney reviews warrrant, agent takes oath to accuracy of information in application and affidavit, US magistrate judge will issue the warrant

What are federal judges classified as

article III Judges

When must and FEB Funcitonal Equivalent of the BOrder Search occur?

at the first practical detention point

how are state judges appointed?

by election

What is a temporary seizure with zero susspicion?

immigration checkpoints, border detentions, etc.

what does exigent mean?

it means emergency, gives agent ability to enter REP because the delay in getting a warrant would enable escape, evidence to be destroyed or removed, etc.

What are the 3 borders of the US

land border, sea border, and air border.

Deadly force is imminent when the suspect possesses what 3 things?

means, intent, and opportunity

what exigent circumstance involves an object

now or never

What can be searched of an arrestee?

pat down of clothing for weapons, articles in possession such as bags, and any area within the arrestee's immediate control

what is the definition of arrest

permanent seizure

What circumstances establish FEB inbound?

reasonable certainty of border nexus and reasonable certainty there was no material change

What are the limitations on a BP agent's exercise of his enforcement authority

the constitution's 4th amendment

how are statutes and regulations are identified and organized

they are organized into the US code by title and section number

when is plain view seizure used?

to prevent evidence from being moved or destroyed pending receipt of a seizure warrant

What does the 4th amendment prohibit?

unreasonable search and seizure

what is plain view seizure?

when an agent is lawful observation of an object, lawful access to the object, and probable cause to seize

When is force proper under the 4th amendment?

when it is both necessary and reasonable

When can you use deadly force

when there is reasonable belief that there is an imminent threat of death or serious physical injury to the officer or a another person

What suspicion is needed to search a suspect incident to arrest

zero suspicion