18 U.S.C 1001 & Entrapment Elements

Elements of False Statement- 18 U.S.C 1001

• Applies to the defendant
• Concerns certain federal matters regarding the executive, legislative, or judicial branch
• Applies to statements and documents
• Includes concealment or misleading information
• Applies to administrative, civil, and criminal investigations
• Requires that actions are done knowingly and willfully
• Intent to deceive is necessary, intent to defraud does not need proving
• Falsity alone does not constitute a lie, a mistake is not a lie
• Requires a false material statement or concealing a material fact
• There must be a material statement or concealment of material fact.
• Material must have the natural tendency to influence a decision of the person where it was addressed
• There is a penalty with a fine and up to 5 years in prison

Entrapment

• Entrapment has two components
• Government inducement is one component
• Permissible inducements are decoys, reasonable amounts of money, and assistance in facilitating the crime
• Impermissible inducements are threats against family members, unreasonable amounts of money, and violent threats
• Lack of predisposition by the defendant to commit the crime is needed
• Considers statements, motives, character, eagerness, possession for sale, prior convictions, or acceptance of an offer to manufacture
• Entrapment defense is an affirmative defense raised by the defendant
• Government has the burden to prove permissible inducement and predisposition beyond a reasonable doubt

844 Possession Elements

• Knowingly or intentionally actions are necessary
• Must have knowledge of presence and character
• Can be actual or constructive, such as in the pocket or in the trunk, as well as the ability to control or deliberate ignorance.
• Must possess
• A controlled substance as listed in Schedule I-V
• Without authority

841 Possession with Intent Elements

• Knowingly and intentionally possessing means having knowledge of presence and character
• Actual or constructive possession, like in the pocket or trunk, requires ability to control and deliberate ignorance.
• Possession of a controlled substance with Schedule I-V classification is required.
• Without authority by prescription, doctor, or approved laboratory is necessary with intent to distribute, dispense, or manufacture
• Must consider quantity, packaging, statements, and distribution tools

844 and 841 Differences

• USC 844 is mere possession
• USC 841 involves manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense

Warrant Execution on Premises

• When executing a warrant, officers can take reasonable action to secure the premises and ensure their safety and the efficacy of the search
• People can be made to leave the premises
• There is a choice to leave voluntarily or sit quietly
• Can restrain people if they are armed
• Police do not have automatic authority to detain or frisk people on the premises
• Ability to detain or frisk depends on the evidence type and/or occupant actions
• Terry Rule Applies
• Regarding evidence type, there are two rule sets

Non-Contraband vs Contraband Searches

• Non-contraband searches allow officers to detain occupants to identify them and determine their relationship to the premises for a reasonable time
• Contraband searches have three justifications based on the "Summers Doctrine"
• Minimizing risk of harm to officers executing the warrant
• Orderly competition of the search
• Prevention of flight if incriminating evidence is found
• All three points must be proved
• Reasonable force is allowed, but detention is limited to the immediate vicinity
• Suspects may be barred from entering premises with probable cause to believe evidence is there
• Police must make reasonable efforts to reconcile LE needs with personal privacy rights, and seizures cannot last longer than reasonably needed
• A balancing test considers the intrusion nature and LE interest

Exigent Circumstances

• Exigent circumstances require consideration if there is time and capability to get a telephonic warrant
• Failure to do so can result in suppressing the evidence
• Judges may consider information communicated by telephone or electronic means for complaints or deciding to issue warrants/summons
• The process for obtaining a telephonic warrant has reliability and documentation
• Oath is administered over the phone
• Proposed warrants must be prepared, sent to a judge
• Method can be used for arrest warrants, complaints, summons, and search warrants
• Telephonic warrants cannot be issued by state judges

Consent Searches

• Consent searches are an exception to the warrant requirement
• Neither reasonable suspicion nor probable cause is required
• For a consent search to be valid
• Consent must be voluntary
• The individual consenting must have actual or apparent authority
• A valid consent cannot result from duress or coercion
• Factors to consider include age, education, intelligence, knowledge to refuse, length of detentions, prolonged questioning, or impairment

Voluntary Consent

• The person must be in a position to revoke consent
• Deception is generally unacceptable, but undercover officers gaining entry is okay
• Can be inferred by words or actions, if comprehensible
• Displays of force or aggression, the number of officers present, if under the influence, or whether there is a writing are factors

Third Party Consent

• A consent search may be given by any party with authority over, or having a relationship to, a searched item
• This includes an individual who actually owns or controls an item or area either alone or jointly with others
• Common authority cannot be implied
• Rests on mutual use by parties generally having joint access/control for most purposes
• That person has the right to permit inspection and the others have assumed the risk
• Husbands/wives can consent to search a house
• Landlords/tenants do not have authority
• Person with authority over what is searched cannot give valid consent over a present objector who also has authority
• Apparent Authority means officers reasonably but incorrectly believing the consenting person has authority to consent to search

Administrative Searches

• Conducted as part of a regulatory scheme, for some regulatory purpose such as public safety
• Not criminal investigations
• Cannot be used as pretexts for gathering criminal evidence
• Evidence found in plain view can be used in criminal cases
• Requires regulatory authority and a scope limited to authority
• Must have warrants if PC exists
• Consent should be sought first
• Closely regulated business exception exists
• Sobriety checkpoints exist to balance state interest in preventing drunk driving/accidents with limited intrusion

Affidavit for a Search Warrant

• This includes general information checkpoints regarding previous crime
• Border searches- strong government interest securing borders, suspicion not required for routine, need nexus to border
• Must specify things to be seized, such as contraband, fruits of the crime, means and instrumentalities, more evidence, and persons
• Has attachments for the place to be searched, items to be seized, and has probable cause
• The affidavit needs to contain facts supporting the application and have information that a fair probability exists that sizeable evidence would be found, limit discretion, informs the subject, and defines scope
• An affidavit must specify the offense
• Description of the place, and person to be seized, as well as a required nexus

Search Warrant Requirements

• Must have nature of the crime, direct observation, what is being sought, opportunity for concealment, and logical inferences
• Information cannot be stale and requires PC for each item to be seized
• Has to have descriptive location
• Must have sufficient information to identify locations with reasonable certainty
• If they are false statements they can be excused
• Must be executed by an officer authorized to assist

Search Warrant Logistics

• Servings of the warrant allows private citizens, e.g. the geek squad, to assist, but their authority is limited
• E.g., geek squad to help with data recovery
• Has to be within 14 days
• Needs a daytime window to be served

Impounded Property

• Lawful search of fixed premises extends to all areas and is not limited if it separates acts of entry or opening
• Requires exigent circumstances and probable cause if vehicle is in the property
• Presenting the warrant is not an obligation, but a requirement
• Requires exigent circumstances and probable cause if there is a vehicle
• Not a violation, but you must have a good reason if a ring goes off
• Depends on circumstance of occupant
• A post search is not a post suppression
• If property must be impounded then it's just an inventory
• It's to protect police and to hold the owners
• There is only a couple requirements for these searches like the right supported and the use of standard practices

Who Can Issue Search Warrants

• FLEO requires Attorney's office approval, as well as a magistrate, district, or statue court judge as signatories
• However, the judge must be neutral
• Must be within district

Informants

• Informants assist law enforcement efforts by providing information concerning criminal/unlawful activity in return for compensation
• There are a variety of names, such as the anonymous source
• Can be a criminal associate, a typical citizen etc
• Have both regular and non-confidential types
• There are protected groups that need source authorization

Informants: Developing and Controlling

• Use police, and outside agencies
• It's good to know what motivates people like fear or vengeance
• Prepare interviews
• Look and analyze work history

Informants: Legal and Ethical

• Must protect the identity is a duty
• Investigator should always direct and control what informant does
• Withheld information by informants

Surveillance

• The government gets what you say
• Continuous observations to obtain the identity
• There are qualities needed to survey these people like patience, adaptability, and demeanor
• Must be determined to catch
• Identify
• Can catch people during different violations

Surveillance Coded Language

• What these coded words mean
• You can look up stuff like what that preparation looks like
• Check photo and data
• Have some communication
• Surveillance looks what's obvious and hidden
• The person going for drop

Stationary Surveillance

• Excellent when you need to stay in one spot
• And they have to look natural
• Can lead anywhere in the traffic
• Have to watch out for law interference
• If you get eyeball you need to let someone know

Undercover Operation

• This is like a covert
• The five phases are planning, initiation, operational, termination
• Very dangerous for people, so you must know how to approach someone

Undercover

• This is where you have to get it approved
• Its supposed to be like something that is in the moment, but it has to be something you can control
• You can only gather information

###Hallucinogens

• There are five
• Canabis
• Can be absorbed thru the epidermis

Tranquilizers

• Are dangerous and most abused

Stimulants

• Can relieve fatigue and help with the psychological dependence

Cocaine

• Can only be smoked
• Is a schedule 2

Friction Ridge Skin

• Is made of water
• And doesn't disappear

Clandestine Lab

• Requires safety gear

Money Laundering

• Transfer of money from unseemly places

Transfer of Money

• Is a federal
• And the bank has to be aware

Asset Forfeiture

• Used in white collar cases
• PTD -0001*
• OC is only there is the chance for harm
• EOD-00248*
• The main parts of deescalation is communication