seperation of powers, checks and balances, the bill of rights - Answers How does the Constitution
limit the powers of the Government. 3 ways
makes laws, passes laws called statutes, regulate trade - Answers Legislative branch does what?
House of Representatives and Senate - Answers what two things is the Legislative branch composed
of?
U.S. Code - Answers Where are statues found?
Code of Federal Regulations - Answers Where are regulations found?
by title and section (subject matter) - Answers How are statues and regulations organized?
President, enforces laws passed by Congress - Answers Executive Branch's role? Who?
the courts, interpret the law and resolve disputes (Art. 3 created) - Answers role of Judicial Branch
trial court - Answers court where parties involved in a legal dispute go to be heard by a judge or a
jury
Appellate court - Answers court to which a party to a legal dispute goes to challenge a decision that
was made in a trial court
US District Courts - Answers trial courts in the federal court system
Specialized Courts - Answers trial courts that can handle legal disputed in certain highly technical
areas of the law
US Circuit Courts of Appeal - Answers are the appellate courts in the federal court system
US Supreme Court - Answers highest appellate court in the Nation
Administrative Courts - Answers courts that are part of Executive Branch and they decide cases
involving civil statues and regulations enforced by particular agency
State Courts - Answers separate from the Fed courts, neither above or below them in authority.
Resolve disputes about state laws
trial, appellate, and highest (Supreme) appellate court - Answers all states have what 3 courts
Trial ( US District ) , Appellate ( Circuit of Appeals ) , US Supreme - Answers order of Federal court
systems
divided into offices - Answers how is the US Customs and Border Protection organized
US Customs and Border Protection - Answers to prevent terrorists to enter the US is mission of who
Constitution, Statutes, and Regulations - Answers sources of BPA Enforcement Authority
4th Amendment, prohibits unreasonable searches and seizures
Policy - Answers limitations on BPA exercise of enforcement authority
minimum - Answers the level of suspicion required for action is always the ______ level of suspicion
to make the action constitutional
zero suspicion, some suspicion, reasonable suspicion, probable cause, reasonable certainty, proof
beyond reasonable doubt - Answers 6 levels of suspicion : in order ( labels on how sure you are )
some suspicion - Answers hunch or gut feeling NOT supported by articulable facts
reasonable suspicion - Answers specific, articulable facts, reasonable agent to suspect person might
be engaged in unlawful activity
probable cause - Answers specific, articulable facts, reasonable agent to believe its more likely than
not that person is engaged in unlawful activity ( can get warrant , deadly force standard )
Reasonable Certainty - Answers specific, articulable facts, reasonable agent to have firm belief that
particular event occurred
proof beyond a reasonable doubt - Answers so convincing that you would not hesitate to rely and act
on it in making most important decision in own life
articulable facts - Answers building blocks of suspicion, fact that is explainable either orally or in
writing
objective, good quality, viewed in light of training/experience, considered in totality - Answers 4
things articulable facts must be
1. government 2. interference 3. with a possessory right or interest - Answers 3 elements of seizure
of object
1. government 2. interference 3. with persons freedom of movement (reasonable person would not
feel free to leave) - Answers 3 elements of seizure of person
Consensual encounter - Answers voluntary interaction between a person and the government where
the person is free to leave at all times
, Exclusionary rule - Answers prohibits the government in using illegally obtained evidence in criminal
cases
zero or reasonable suspicion - Answers Temporary seizure can be based on what 2 levels of suspicion
Probable cause - Answers Permanent seizures are based on what level of suspicion
Immigration checkpoints, Border detentions, Vessel document checks, DUI/License checkpoints -
Answers Temp. seizures with zero suspicion ( 4 )
investigative detention ( Terry Stop , Roving Patrol Stop) - Answers Temp. seizure with Reasonable
suspicion
Brief (due diligence) , Investigative, Inquiry (frisk if reasonable sus person is armed and dangerous) -
Answers what is the scope of an investigative detention/terry stop/roving patrol stop ( 3 things )
1. evidence 2. profits of crime 3.tool used to commit crime
4. contraband 5. subject to forfeiture - Answers permanent seizure with PC, must believe that item
is :
( 5 things )
when agents actions exceed the limits of a lawful brief investigative inquiry. - Answers difference
between investigative detention (RS) and arrest (PC)
4th Amendment Seizure - Answers if agent physically applies any force to person/object, person
yields to show of force, show of force caused person to stop
Then it is considered a what?
Necessary ( cannot carry out lawful duties without using force )
Reasonable ( valid reasons for using particular type/amount of force) - Answers use of force is
objectively reasonable under 4th AMEND. when its both :
Threat to agents, Severity of crime, Flight or Resistance to arrest - Answers Determining if force is
reasonable courts will look at what? ( 3 things )
not be used to prevent escape fleeing suspect - Answers Deadly force may not be used solely to do
what? DHS policy
warning shots - Answers to signal a vessel to stop when conducting maritime law enforcement, signal
aircraft to change course are only times when what can be used
bill - Answers rough draft of a statue is what
public law - Answers official version of a statue
civil and criminal - Answers two types of statues
regulation - Answers guidance on how to interpret statues
Brief Investigative Inquiry vs. Arrest - Answers how far were they moved, how long detained, words
used by agent, what they were told about detention, were Miranda Warnings read, was person
searched is how courts determine between what two things
Olmstead vs US - Answers search referred to as trespass to chattels, government interfered with
someones property rights
1. government 2. intrudes into a 3. reasonable expectation of privacy (REP) - Answers search occurs
anytime these three things occur (Katz)
physical , visual , auditory - Answers three types of intrusion in search
reasonable expectation of privacy - Answers person has subjective expectation of privacy, believes his
conduct or location is private AND REP is objectively reasonable
Body and clothing, dwelling and curtilage, buildings, containers, conveyances, private comms -
Answers REP routinely found in following locations:
Curtilage - Answers area immediately surrounding a dwelling. how close it is to dwelling, if area is
enclosed, how area is used, steps taken to protect area
Open field, Open view observation, Overheard Conversation, Abandoned Property - Answers areas
where there is no REP ( 4 )
Open field - Answers used to describe an area where there is no REP from physical intrusion,
reasonable to expect that people may enter the area. EX: open parking lot in mall
Open view observation - Answers used to describe an area where there is no REP of privacy from
visual intrusion. Reasonable for person to look into the area.
Technology - Answers using __________ to obtain any info that could not otherwise have been
obtained without physical intrusion into a constitutionally protected area will be a search
physically enters in a vehicle or container, dog can only go where agent can go - Answers K9 is not a
search unless what?