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