Federal Criminal Law: EPO Study Guide

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Questions and Answers

What is the primary goal of counterterrorism strategies?

To influence environments to be inhospitable to terrorist networks (correct)

To establish global surveillance systems

To impose sanctions on foreign governments

To reduce the number of military interventions abroad

Which organization primarily conducts anti-terrorism strategies?

Department of Homeland Security (DHS) (correct)

Federal Bureau of Investigation (FBI)

Central Intelligence Agency (CIA)

National Security Agency (NSA)

What action is taken when encountering a Code I situation according to the Terrorist Screening Center (TSC)?

Contact local law enforcement only

Gather information and contact later

Report immediately if a federal warrant exists (correct)

Proceed with regular procedures

The Center for Prevention Programs and Partnerships (CP3) aims to address what aspect of violent extremism?

Root causes by providing community resources (B) Signup and view all the answers

Which of the following is NOT a function of the Cybersecurity & Infrastructure Security Agency (CISA)?

Conduct global military operations (A) Signup and view all the answers

What must armed law enforcement officers present to the TSA when using the 'known crewmembers' lane?

Credentials, a second form of ID, boarding pass, and LEO paperwork (B) Signup and view all the answers

What should a law enforcement officer do once they are at the gate for a flight?

Identify themselves and discuss boarding procedures with the gate agent (D) Signup and view all the answers

What are prisoners prohibited from having while aboard an aircraft under LEO supervision?

Food, beverages, and metal utensils unless authorized (A) Signup and view all the answers

Which of the following duties must be performed by the entry team during a search warrant execution?

Maintain complete control of the search area while ensuring safety (D) Signup and view all the answers

What should an officer do after boarding an aircraft with a prisoner?

Present paperwork to the aircrew and identify to the PIC (B) Signup and view all the answers

What is the primary purpose of a preliminary hearing?

To establish whether there is probable cause for the arrest (A) Signup and view all the answers

Which of the following conditions must be met for a defendant to be entitled to a preliminary hearing?

The defendant has not been indicted previously (A) Signup and view all the answers

Within how many days must a preliminary hearing be held if the defendant is detained?

14 days (A) Signup and view all the answers

What is the function of the grand jury?

To return indictments and investigate crimes (B) Signup and view all the answers

Which statement about grand jury subpoenas is incorrect?

They can be issued for civil matters (D) Signup and view all the answers

What kind of evidence is typically sought by grand jury subpoenas?

Corporate records and phone records (B) Signup and view all the answers

Which of the following describes the secrecy of grand jury proceedings?

The proceedings are confidential with limited dissemination of information (B) Signup and view all the answers

What is the role of the Assistant United States Attorney (AUSA) during grand jury proceedings?

To present evidence to the grand jury (B) Signup and view all the answers

What is the privilege regarding arrest for members of Congress while in session?

They are privileged from arrest except for felony breaches of the peace. (B) Signup and view all the answers

What should a federal law enforcement officer do upon arresting a juvenile?

Notify the juvenile of their Miranda rights in clear language. (A) Signup and view all the answers

What is an important investigative technique to minimize group pressure among witnesses?

Separate witnesses for individual questioning. (C) Signup and view all the answers

What is NOT a guideline for conducting a photo lineup?

Ensure one individual stands out prominently. (C) Signup and view all the answers

Which factor can influence an individual's perception during an identification process?

The familiarity of the witness with the suspect. (C) Signup and view all the answers

What should not be done after verifying the status of a diplomat?

Arrest the diplomat without necessity. (A) Signup and view all the answers

What is a recommended action when conducting a neighborhood canvas after a crime?

Approach individuals promptly to gather their accounts. (D) Signup and view all the answers

What is a crucial step in verifying the status of a diplomat?

Consult the Diplomatic Security Command Center. (A) Signup and view all the answers

How many persons are required to form a conspiracy under federal criminal law?

Two or more persons (C) Signup and view all the answers

Which of the following does not count towards the two required parties in a conspiracy?

An undercover agent (A) Signup and view all the answers

What must a defendant know to be guilty of conspiracy?

The overall purpose of the conspiracy (A) Signup and view all the answers

What is NOT required to establish intent in a conspiracy charge?

Knowledge of all co-conspirators' identities (C) Signup and view all the answers

What qualifies as an agreement to conspire under Title 18 U.S.C. § 371?

An informal understanding with an overt act (A) Signup and view all the answers

Which concept holds conspirators criminally liable for acts committed by others in the group?

Vicarious liability (A) Signup and view all the answers

What role does an overt act play in establishing a conspiracy?

It serves as evidence of the agreement (D) Signup and view all the answers

Which statement about mere presence at the scene of an agreement is true?

It is not enough to establish involvement (D) Signup and view all the answers

What is the time frame in which the special aircraft jurisdiction of the US applies?

From when the external doors close until opened to allow passengers out (A) Signup and view all the answers

Under the Federal Good Samaritan Act, which action is a law enforcement officer (LEO) covered for?

Preventing the escape of an individual (C) Signup and view all the answers

What does the Aviation and Transportation Security Act (ATSA) protect LEOs from?

Liability when attempting to stop acts of piracy or violence on an aircraft (D) Signup and view all the answers

What is the responsibility of the pilot in charge (PIC) during a flight?

Oversee landing and handling diversions (A) Signup and view all the answers

What action should LEOs take during a Level 3 threat situation?

Declare an emergency and prepare for immediate landing (B) Signup and view all the answers

What is the primary focus of Aircraft Countermeasures Principles?

Acting decisively and utilizing speed and force (D) Signup and view all the answers

What should be the immediate response to any attempt or actual breach of the flight deck door?

Prioritize the breach and declare an emergency (C) Signup and view all the answers

What is the role of the cabin crew during a Level 1 threat situation?

Resolve the situation on their own (D) Signup and view all the answers

What is a crucial element for LEOs when responding to an act of air piracy?

Identifying and knowing the location of other armed personnel (D) Signup and view all the answers

Which level of threat involves kicking, pushing, or hitting?

Level 2: Physical (C) Signup and view all the answers

Study Notes

EXAM 5 STUDY GUIDE

Missing EPOs: Missing probation officer cases.
Federal Criminal Law: Three federal criminal law topics (hopefully covered Tuesday). Search warrants relating to EPOs.
EPO: Conspiracy: Two or more people in agreement to commit a crime. At least two people whose hearts beat as one, with an undercover agent not counting toward the required two. A person with the mental capacity may not be counted.
EPO: Knowledge and Intent: Defendant must know the conspiracy and its purpose. Must know one other person, but not necessarily the identity, number, or role of all. Must have intent to participate in the conspiracy to succeed. Proof of the plan or approval of the plan is not enough to prove intent.

EPO: Agreements for Conspiracy (18 U.S.C. § 371)

Agreement: An agreement to violate the law or defraud the US is criminal, but must require an overt act to occur. Agreement is not required to be formal or put into words. Often established through circumstantial evidence.
Relationships: Relationships of individuals within the conspiracy can help show proof.
Presence & Act: Mere presence at the scene is not sufficient, along with that one act done by one conspiring party suffices for proof of conspiracy.

Overt Acts in Conspiracy

The function is to move from the thought stage of a conspiracy to an action.
The act must be committed by a member of the conspiracy after the agreement.
One act by one member suffices.
The act does not need to be criminal in nature (ex: buying a ski mask).

Withdrawer's or Late Joiner's Criminal Liability

Late Joiners: Anyone who joins after the conspiracy starts, but before it ends. They are not required to commit an overt act, but they are responsible for actions that occur after joining the crime.
Withdrawal: Requires an affirmative act that breaks the agreement and communicates to co-conspirators or police. Actions before joining can still be included in the trial for context.

Elements of 18 U.S.C. § 641 (Theft)

Elements: Voluntary, intentional, knowing theft of US property.
Example: The taking of a US government vehicle, with subsequent modification, including removing the VIN, makes the defendant guilty of theft, as it proves intent.

Federal Court Procedures

Federal District Court and Magistrate Courts: Structure and duties of the Federal courts.
Circuit Courts: One step below the Supreme Court, reviewing appeals from district courts.
District Courts: Hold trials, and have jurisdictions specified by federal appellate courts.

Obtaining Evidence (Brady, Giglio)

Brady Doctrine: Governments must disclose any exculpatory (favorable) evidence that the government is aware of.
Giglio Rule: Government must disclose evidence that could impeach a government witness.
Jenkes Act and Federal Rule 26.2: To ensure fairness, the government must provide prior statements from witnesses to the defense. Helps in cross-examination of witnesses.
US Examples: Examples of how the rules are applied.

Formal Accusations

Violation notice/citation: Class B/C or Infraction (smaller offenses). These are accusations of a petty offense.
Charges & Petty Offense: These are formal charges.

Other Criminal Procedures

Criminal complaint: A formal document that initiates criminal proceedings. Criminal complaints and criminal informations are commonly used to present a case before the court for the purpose of initiating a process of discovery.
Criminal information: Used for felonies with waivers (or for Class A, B, or C misdemeanors.)
Criminal Indictment: Needed for a capital offense (felony that may result in the death penalty) or felony.

False Identification Crime Control Act (18 U.S.C. §1028)

General Summary: Knowingly making, having, or transferring false IDs is unlawful.
Summary: Knowingly and wrongfully having, transferring, or creating a fake ID
Offenses: Various offenses related to false identification, with differing penalties due to factors like the intent and seriousness of the crime or the illegal activity facilitated.
Penalties: Types of penalties and corresponding fines and imprisonment.

National Stolen Property Act (18 U.S.C. § 2314)

Elements: Crime involving theft or possession of things stolen from the US Government, resulting in an intentional and knowing act.

Mail Fraud Statute (18 U.S.C. § 1341)

Elements: Must involve mail service, intent concerning the mail, and the mailing of the item.

Wire Fraud Statute (18 U.S.C. § 1343)

Elements: Must involve electronic communications, intent concerning the communication, and the act of using communication to perpetrate a crime.

Methods to Produce Defendant Appearance

Warrantless Arrest: When probable cause exists to believe a felony or misdemeanor occurred in their presence.
Arrest with Warrant: The officer has obtained a warrant and is making an arrest.
Criminal Complaint: Officer writes the complaint, swears to it, and requests an arrest warrant from the magistrate.
Information: The prosecution presents information to a magistrate judge, who then issues an arrest warrant.
Indictment: Defendant was indicted by the grand jury, court clerk will get the indictment.

Criminal Proceedings (Removal, Initial, Detention)

Procedures Prior to Initial Appearance: Booking, fingerprinting, photography, transport to approved facility. Notify Pretrial Services Office of arrest and location. Preparing the necessary documents.
Initial Appearance: Providing defendant's right to know the charges, right to counsel, right to remain silent. Possible delays for medical reasons or other extenuating circumstances.

Detention Hearing

Decide if defendant gets pre-trial release or is detained.

Preliminary Hearing & Arraignment

Preliminary Hearing: Government must present evidence to convince the court of probable cause. Defendant has rights of representation, presentation of evidence, and questioning of witnesses.
Arraignment: Purpose is to ensure defendant has a copy of the indictment/information. Defendant learns the charges and the potential penalties. Allows defendant to enter a plea.

Grand Jury

Function: Independent body that reviews evidence to determine if enough probable cause exists to proceed with a felony prosecution. It has broad powers in its jurisdiction to investigate, and investigate crimes within its jurisdiction.

Grand Jury Subpoenas

Types: Subpoena of witnesses to appear and testimony, and Subpoena of documents (Duces Tecum).
Uses in Grand Jury Procedures: Specific items sought, including corporation records, communications data, etc.

Notifying Foreign Nationals

Vienna Convention on Consular Relations: Procedures for notifying foreign nationals during arrest.
Basic Rule: If nation is not on the mandatory notification list, the foreign national must be notified of their rights to access their consulate.
Special Rule: If the nation is on the mandatory notification list, the consulate must be notified regardless of the prisoner's wishes.

Procedures for Air Piracy or Violent Crime

LEO Actions: Officers should know the identities, and locations of all armed people on board and should respond based on the context of the situation.
Procedures Procedures for covert deployment for safety, and other circumstances to consider.
Level Considerations Determining threat level (verbal, physical, life threatening).
Aircraft Countermeasures: Procedures to follow: Ensuring security of the flight deck, ensuring the integrity of the aircraft, and understanding the mission.
Responding to Threats: Tactical considerations for an act of air piracy or crime of violence, including handling an IED.

Terrorism & Extremism

Terrorism: Activities, threats, and violent actions.
Targeted Violence: Acts aimed at a specific individual or group and lacking ideological or political motives.
Extremism: Any view that is far outside of society's norm.
Foreign Terrorist Organization: A group that is explicitly a foreign threat organization
Homegrown Violent Extremist: Someone based in the US.
Violence Pathway Overview: Steps involved in radicalization and terrorism.
Terrorism Prevention & Response: Investigative strategies and preventative measures.
Emergency Handling: Communication, documentation, and immediate responses to terrorist threats.

Aircraft Countermeasures

Special Aircraft Jurisdiction: Legal authority of the US for crimes committed on aircraft.
Federal Good Samaritan Act: Scope of employment when LEOs act to protect others from violence.
Aviation and Transportation Security Act (ATSA): Avoiding liability for officers taking action.
Tactical Considerations for Air Piracy or Crime: Responsibilities and identification of threats or acts of violence on board aircraft.

Search Warrants

Elements of a Search Warrant: Legal considerations for conducting a search warrant and identification of those duties that are required.
Operational (information) Planning: Gathering evidence needed to execute a search warrant.
Proper Search Procedures: Techniques for confronting, frisking, and controlling individuals involved in the search (occupants).
Roles of Teams (Entry, Cover, Search): Explaining the roles for the search team, and means of carrying out those roles.

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Description

Prepare for Exam 5 with this comprehensive study guide covering Missing EPOs, conspiracy agreements, and federal criminal law topics. Understand key legal concepts like knowledge and intent in relation to conspiracy. This guide is essential for mastering the material before your exam.