USCBP Exam #6
Which of the following law enforcement authorities can CBP Officers exercise?
-Detain people, conveyances, and cargo
-Search people, conveyances, and cargo
-Remove aliens
-Seize property
-Carry a firearm
-Use force
-Arrest offenders - ANSAll
What are the four statutes that give CBP Officers specific arresting authority? - ANS1) 8 U.S.C. 1357 (a)(2)
/ INA 287 (a)(2)
2) 8 U.S.C. 1357 (a)(4) / INA 287 (a)(4)
3) 8 U.S.C. 1357 (a)(5)(A) / INA 287 (a)(5)(A)
4) 19 U.S.C. 1589a
True or False: All law enforcement authority must be used in a way that is consistent with the
requirements of the Fourth Amendment - ANSTrue
What does the Fourth Amendment protect against? - ANSUnreasonable searches and seizures
These are terms used to describe both the quality of available information and how confident an officer
is that something has occured - ANSLevels of suspicions
List the level of suspicions starting from the lowest level to the highest:
Some/mere suspicion
,Reasonable certainty
Reasonable suspicion
Zero suspicion
Proof beyond a reasonable doubt
Probable cause - ANSLowest - Zero suspicion
- Some/mere suspicion
- Reasonable suspicion
- Probable cause
- Reasonable certainty
Highest - Proof beyond a reasonable doubt
This is the standard of proof necessary to convict a defendant charged with a criminal offense. It is the
highest level of suspicion, but is never required to support law enforcement action in the field -
ANSProof Beyond a Reasonable Doubt
This is defined as a high level of suspicion, suspicion supported by facts that create a "firm belief" or a
"firm conviction" - ANSReasonable Certainty
What level of suspicion does a CBPO need to perform a border search? - ANSThe officer must have
REASONABLE CERTAINTY that the person/thing to be searched has had contact with the border
This is defined as suspicion supported by facts from trustworthy sources, along with the reasonable
inferences that can be drawn from such facts, that would lead a reasonable person to believe that
something is probably true - ANSProbable Cause
What level of suspicion does an CBPO need to place a person under arrest? - ANSThe officer must have
PROBABLE CAUSE to believe that the person committed an offense
This is defined as suspicion supported by facts from trustworthy sources, along with the reasonable
inferences that can be drawn from those facts, that would lead a reasonable person to believe that
something might be true - ANSReasonable Suspicion
, What type of suspicion is needed in order for a CBPO to perform a non-routine body search during a
border inspection? - ANSThe officer must have REASONABLE SUSPICION to believe that the person is
hiding merchandise on his/her body
This is defined as a subjective suspicion, which may be as little as a "hunch" which may be based on facts
that are not enough to establish "reasonable suspicion" - ANSSome or Mere Suspicion
What type of suspicion is needed in order for a CBPO to conduct an immediate pat down for weapons
during a border inspection? - ANSThe officer must have SOME OR MERE SUSPICION to believe that the
person is armed and dangerous
This described a situation where an officer has no suspicion of any kind - ANSZero Suspicion
What type of suspicion is needed in order for a CBPO to conduct a routine inspection of a person seeking
entry into the United States? - ANSThe inspection may be performed by an officer even if the officer has
ZERO SUSPICION that unlawful activity has occurred
True or False: Reasonableness of a search or seizure is measured by comparing the officer's level of
suspicion to the type of search/seizure performed - ANSTrue
Officers establish a level of suspicion by gathering what? - ANSArticulable facts
True or False: The more high quality articulable facts an officer has, the lower his/her level of suspicion
will be - ANSFalse
Finish the following statements:
1) Articulable facts must be _______________.
2) Some facts are higher _______ than others - they more strongly suggest that unlawful activity is taking
place.
Which of the following law enforcement authorities can CBP Officers exercise?
-Detain people, conveyances, and cargo
-Search people, conveyances, and cargo
-Remove aliens
-Seize property
-Carry a firearm
-Use force
-Arrest offenders - ANSAll
What are the four statutes that give CBP Officers specific arresting authority? - ANS1) 8 U.S.C. 1357 (a)(2)
/ INA 287 (a)(2)
2) 8 U.S.C. 1357 (a)(4) / INA 287 (a)(4)
3) 8 U.S.C. 1357 (a)(5)(A) / INA 287 (a)(5)(A)
4) 19 U.S.C. 1589a
True or False: All law enforcement authority must be used in a way that is consistent with the
requirements of the Fourth Amendment - ANSTrue
What does the Fourth Amendment protect against? - ANSUnreasonable searches and seizures
These are terms used to describe both the quality of available information and how confident an officer
is that something has occured - ANSLevels of suspicions
List the level of suspicions starting from the lowest level to the highest:
Some/mere suspicion
,Reasonable certainty
Reasonable suspicion
Zero suspicion
Proof beyond a reasonable doubt
Probable cause - ANSLowest - Zero suspicion
- Some/mere suspicion
- Reasonable suspicion
- Probable cause
- Reasonable certainty
Highest - Proof beyond a reasonable doubt
This is the standard of proof necessary to convict a defendant charged with a criminal offense. It is the
highest level of suspicion, but is never required to support law enforcement action in the field -
ANSProof Beyond a Reasonable Doubt
This is defined as a high level of suspicion, suspicion supported by facts that create a "firm belief" or a
"firm conviction" - ANSReasonable Certainty
What level of suspicion does a CBPO need to perform a border search? - ANSThe officer must have
REASONABLE CERTAINTY that the person/thing to be searched has had contact with the border
This is defined as suspicion supported by facts from trustworthy sources, along with the reasonable
inferences that can be drawn from such facts, that would lead a reasonable person to believe that
something is probably true - ANSProbable Cause
What level of suspicion does an CBPO need to place a person under arrest? - ANSThe officer must have
PROBABLE CAUSE to believe that the person committed an offense
This is defined as suspicion supported by facts from trustworthy sources, along with the reasonable
inferences that can be drawn from those facts, that would lead a reasonable person to believe that
something might be true - ANSReasonable Suspicion
, What type of suspicion is needed in order for a CBPO to perform a non-routine body search during a
border inspection? - ANSThe officer must have REASONABLE SUSPICION to believe that the person is
hiding merchandise on his/her body
This is defined as a subjective suspicion, which may be as little as a "hunch" which may be based on facts
that are not enough to establish "reasonable suspicion" - ANSSome or Mere Suspicion
What type of suspicion is needed in order for a CBPO to conduct an immediate pat down for weapons
during a border inspection? - ANSThe officer must have SOME OR MERE SUSPICION to believe that the
person is armed and dangerous
This described a situation where an officer has no suspicion of any kind - ANSZero Suspicion
What type of suspicion is needed in order for a CBPO to conduct a routine inspection of a person seeking
entry into the United States? - ANSThe inspection may be performed by an officer even if the officer has
ZERO SUSPICION that unlawful activity has occurred
True or False: Reasonableness of a search or seizure is measured by comparing the officer's level of
suspicion to the type of search/seizure performed - ANSTrue
Officers establish a level of suspicion by gathering what? - ANSArticulable facts
True or False: The more high quality articulable facts an officer has, the lower his/her level of suspicion
will be - ANSFalse
Finish the following statements:
1) Articulable facts must be _______________.
2) Some facts are higher _______ than others - they more strongly suggest that unlawful activity is taking
place.
