CORRECT DETAILED ANSWERS WITH
RATIONALES (VERIFIED ANSWERS) ALREADY
GRADED A+ 2025 NEW UPDATE
19 USC 507 authorizes customs officers to? - CORRECT ANSWER: "demand
assistance" from others when necessary to perform the officer's lawful duties
2013 DHS policy - CORRECT ANSWER: the department of homeland security's
commitment to nondiscriminatory law enforcement and screening activities, prohibits the
consideration of race or ethnicity in our daily law enforcement and screening activities in
all but the most exceptional instances
2014 DOJ guidance does not apply to - CORRECT ANSWER: 1. interdiction activities in
the vicinity of the border, OR
2. protective, inspection, or screening activities
when CBP/OFO LE activities fall within these exceptions, the specifics of the 2014 DOJ
guidance do not apply
3 ways an OFO suspect is in custody - CORRECT ANSWER: 1. Suspect is told "you're
under arrest", OR
2. Suspect is confronted with evidence of his or her guilt, OR
3. The suspect has been a subject to a personal search during a border inspection that
involves a partial body search or medical examination
A border search must be conducted at the border, which can mean: - CORRECT
ANSWER: 1. the physical border of the US, OR
2. the functional equivalent of the border, OR
,3. the extended border
a border search must be conducted to search for things relevant to the purpose of the
border inspection: - CORRECT ANSWER: merchandise
aliens
evidence of admissibility
A CBP Officer orders an arriving passenger to put his backpack down on the ground
and take three steps away from it - CORRECT ANSWER: the officer had seized the
backpack
A suspect who clearly INVOKES his right - CORRECT ANSWER: 1. To remain silent:
must not be interrogated
2. To consult with an attorney: must not be interrogated until he has consulted with his
attorney
Abandoned property = no REP - CORRECT ANSWER: Items that have been voluntarily
discarded have no REP from intrusion or search. When a person abandons an item,
they can no longer claim any REP in the item. Examining abandoned items is NOT a
search
action taken at the end of an investigative detention - CORRECT ANSWER: 1. if the
facts are sufficient to establish probable cause, then the seizure should be elevated to
an arrest
2. if facts establish new or different reasonable suspicion, further investigation should be
performed regarding the new suspicion
3. if facts dispel the original suspicion or leave it unresolved, then subject should be
released
actions taken in secondary go beyond routine inspection procedures (ex. a body search,
medical exam), seizure must be supported by? - CORRECT ANSWER: reasonable
suspicion to be reasonable under the Fourth Amendment
,actual authority - CORRECT ANSWER: any person with a reasonable expectation of
privacy and full access to a location or item; does not have to be a person "in charge"
After a suspect is given a Miranda warning, the suspect makes a choice: either to
invoke or waive his rights - CORRECT ANSWER: 1. A suspect who INVOKES his rights
has decided to remain silent, consult with an attorney, or both
2. A suspect who WAIVES his rights had decided to give up the rights described in the
warning and answer questions, forego consultation with an attorney, or both
All law enforcement authority MUST be used in a way that is consistent with the
requirements of? - CORRECT ANSWER: The fourth amendment
An encounter with a person is a "seizure" subject to the 4th amendment if all of these
elements are present: - CORRECT ANSWER: 1. government conduct
2. interference with a persons freedom of movement, AND
3. a reasonable person in the same situation would not feel free to leave or end the
encounter with the officer
An officer performing an investigative detention is authorized to perform? - CORRECT
ANSWER: a frisk of the subject if the officer has reasonable suspicion that the suspect
is armed
any seizure that exceeds the limited scope of an investigative detention is considered to
be? - CORRECT ANSWER: an arrest
apparent authority - CORRECT ANSWER: any person who reasonably appears to have
REP and full access to a location or item
Are you required to take action and intervene of you witness criminal activity while off
duty? - CORRECT ANSWER: No
, arrests (of people) and long term seizures of property (to use as evidence or to initiate
forfeiture) must be supported by? - CORRECT ANSWER: probable cause
articulating warrantless searches/seizures - CORRECT ANSWER: when a government
officer performs a search or a seizure w/o first obtaining a warrant, the officer MUST be
able to articulate which of the established exceptions permits the warrantless action
Auditory intrusion - CORRECT ANSWER: An auditory intrusion happens when gov
officials listen to sounds that are not exposed for the public to hear (using a device to
listen to conversation at persons home/hiding in private location and listening to
conversation that is not exposed to public)
border nexus - CORRECT ANSWER: meaningful contact with the border, directly or
indirectly:
1. crossing the border
2. having contact with people or merchandise that recently crossed the border, but have
not yet cleared inspection
border nexus examples - CORRECT ANSWER: 1. drive from mexico to the US or fly
from france to the US
2. enter a cargo hold full of uninspected foreign merchandise
3. board a vessel just arrived from foreign
border search - outbound (NOTE) - CORRECT ANSWER: when a person in the US
travels toward the land border as if they intend to leave the US, but then appears to
change their mind and turn around before actually departing, then we can no longer
show a reasonable certainty that there will be border nexus (b/c person is now heading
away from the border)