CBP_STUDY_GUIDE_TEST With 100%solution

CBP Officers exercise broad range of LE authority including the authorities to: - Correct Answer detain and search people detain and search conveyances and cargo remove aliens seize property carry a firearm and use force make arrests what statutes give CBPO's specific arrest authority? - Correct Answer Titles 8 and 19 of USC Statutes 8 and 19 of USC give CBPO's to arrest based on a: - Correct Answer 1. federal arrest warrant 2. to arrest w/o warrant for any felony offense with probably cause 3. to arrest w/o warrant for any federal misdemeanor offense that occurs in officer's presence All law enforcement authority MUST be used in a way that is consistent with the requirements of? - Correct Answer The fourth amendment The fourth amendment - Correct Answer part 1: forbids unreasonable searches and seizures part 2: sets out specific requirements for issuing search warrants what makes a search or seizure reasonable or unreasonable? - Correct Answer must compare the kind of search or seizure that was performed (the officer's conduct) to the level of suspicion the officer had at the time of the conduct levels of suspicion - Correct Answer are terms used to describe the quality of available information (how confident an officer is that something has occurred) levels of suspicion - Correct Answer HIGH proof beyond a reasonable doubt reasonable certainty probable cause reasonable suspicion some or mere suspicion LOW zero suspicion what is the highest level of suspicion? - Correct Answer proof beyond reasonable doubt Proof beyond a reasonable doubt - Correct Answer 1. standard proof necessary to convict a defendant charged with a criminal offense 2. highest level of suspicion 3. NEVER required to establish proof beyond a reasonable doubt to justify LE action reasonable certainty - Correct Answer 1. high level of suspicion 2. supported by facts that create a "firm belief" or "firm conviction" reasonable certainty example - Correct Answer to perform a border search, an officer must have "reasonable certainty" that the person or thing to be searched has had contact with the border probable cause - Correct Answer 1. suspicion supported by facts from trustworthy sources 2. along with reasonable inferences from those facts 3. that would lead a reasonable person to believe that something is PROBABLY true probable cause example - Correct Answer to place a person under arrest, an officer must have "probable cause" to believe that the person committed an offense reasonable suspicion - Correct Answer 1. suspicion supported by facts from trustworthy sources 2. along with the reasonable inferences that can be drawn from those facts 3. that would lead a reasonable person to believe that something MIGHT be true reasonable suspicion example - Correct Answer to perform a more intrusive, non routine partial body search during a border inspection, an officer must have "reasonable suspicion" to believe that the perform is hiding merchandise on his or her body some or mere suspicion - Correct Answer is a subjective suspicion, which may be as little as a "hunch" or which may be based on facts that are not enough to establish "reasonable suspicion" some or mere suspicion example - Correct Answer to perform an immediate patdown for weapons during a border inspection, an officer must have "some or mere suspicion" to believe that the person is armed and dangerous zero suspicion - Correct Answer 1. describes a situation where an officer has no suspicion of any kind 2. zero suspicion encounters are done on a random basis zero suspicion example - Correct Answer a routine inspection of a person seeking to enter the US may be performed by an officer even if the officer has "zero suspicion" that unlawful activity has occured judging whether a LE search or seizure is reasonable - Correct Answer 1. courts will ask what level of suspicion officer had at time action was taken 2. certain types of searches and seizures must be supported by a particular minimum level of suspicion in order to be found reasonable if challenged in court How do officers establish levels of suspicion? - Correct Answer 1. by gathering articulable facts 2. the more high quality articulable facts you have, the higher your level of suspicion will be What to consider when gathering articulable facts - Correct Answer 1. must be OBJECTIVE 2. some facts are higher QUALITY than others - must strongly suggest unlawful activity is taking place 3. facts should be VIEWED IN LIGHT OF THE OFFICER'S TRAINING AND EXPERIENCE 4. facts should be considered in TOTALITY 5. only facts KNOWN IN ADVANCE may be used to justify a search or seizure what provides many valuable articulable facts to a LE officer? - Correct Answer direct observation where do articulable facts come from? - Correct Answer may come from direct observation or any other reliable source of information (ex. TECS) Why must government officers be sure their actions comply with the standards of the fourth amendment? - Correct Answer 1. The oath of office/we all take an oath to support and defend the constitution/to fulfil that oath, we must perform searches and seizures in a reasonable manner, as the constitution requires 2. evidence suppression - the exclusionary rule (purpose is to deter police misconduct) 3. officers who engage in unlawful search and seizure actions may face disciplinary action or civil liability 4. criminal prosecution can occur if officers intentionally violate someone's constitutional rights/officer willfully deprives a persons rights Exclusionary rule procedures - Correct Answer 1. defendant files a "motion to suppress" the challenged evidence 2. judge may conduct a separate "suppression hearing" to determine if the evidence was obtained lawfully 3. if motion to suppress is granted, gov may not use evidence during a trial under the exclusionary rule - Correct Answer any evidence obtained from an unreasonable search or seizure may be suppressed, which means the government cannot use the evidence in a criminal trial