Federal Criminal Law Exam 3 Study Notes

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Questions and Answers

What is sufficient for the government to prove in relation to a controlled substance?

  • The defendant has physical possession of the substance.
  • The defendant was in close proximity to the controlled substance.
  • The substance was found in a public place.
  • The defendant knew the substance was controlled. (correct)

Which factor is NOT considered when evaluating joint possession?

  • Closeness of proximity.
  • Past criminal record. (correct)
  • Ownership of property.
  • Ability to control the premises.

Which of the following substances is classified as a narcotic under depressants?

  • Tranquilizers
  • Oxycodone (correct)
  • Barbiturates
  • Alcohol

Which is considered an act of manufacturing in relation to plant-based drugs?

<p>Planting seeds. (C)</p> Signup and view all the answers

Which of the following is NOT a category of drugs of abuse within the stimulant classification?

<p>LSD (D)</p> Signup and view all the answers

What is a primary consideration when selecting a location for stationary surveillance?

<p>Observation location (A)</p> Signup and view all the answers

Which element is NOT required to prove unlawful distribution of a controlled substance?

<p>Active participation in a drug syndicate. (A)</p> Signup and view all the answers

Which foot surveillance method involves three individuals with specific roles?

<p>ABC Method (C)</p> Signup and view all the answers

Which of the following drugs is considered to have a depressant effect?

<p>Heroin (C)</p> Signup and view all the answers

What is an advantage of vehicle surveillance?

<p>Driver can concentrate solely on driving (B)</p> Signup and view all the answers

What is the primary characteristic of controlled substances under Title 18 U.S.C.§ 841?

<p>They are distributed without lawful authority. (C)</p> Signup and view all the answers

What is a common tactic to evade foot surveillance?

<p>Making sudden stops (D)</p> Signup and view all the answers

What can be a disadvantage of using two agents in vehicle surveillance?

<p>They might distract each other (D)</p> Signup and view all the answers

Which of the following methods applies to countering vehicle surveillance?

<p>Stopping abruptly off-road (B)</p> Signup and view all the answers

What is a requirement for law enforcement notes?

<p>Original notes must be retained (D)</p> Signup and view all the answers

What is one of the uses of documenting law enforcement activities?

<p>To aid in memory and recall (A)</p> Signup and view all the answers

What should be the first response when a clandestine lab is discovered?

<p>Evacuate the premises and secure the perimeter (D)</p> Signup and view all the answers

Which of the following chemicals are commonly used as solvents in the manufacture of methamphetamine?

<p>Brake Cleaner (B)</p> Signup and view all the answers

What is an immediate effect of Oleoresin Capsicum (OC) spray on the eyes?

<p>Spasmodic closure and irritation (C)</p> Signup and view all the answers

Which method is NOT a source for Red Phosphorus?

<p>Acetone (B)</p> Signup and view all the answers

What is a primary characteristic of Oleoresin Capsicum (OC) spray?

<p>Viscous derivative of plant life (C)</p> Signup and view all the answers

What is NOT a recommended action when exposed to Oleoresin Capsicum (OC) spray?

<p>Attempt to self-administer medications (D)</p> Signup and view all the answers

Which item is typically NOT stored in propane tanks for Birch Reduction/Nazi method?

<p>Sodium Chloride (C)</p> Signup and view all the answers

When is it advisable to provide first aid for OC spray exposure?

<p>Only when the scene is safe and secure (A)</p> Signup and view all the answers

What is the information that banks are required to retain during a funds transfer based on their role?

<p>Originator's and beneficiary's details along with the transfer amount (C)</p> Signup and view all the answers

Which category of informant is characterized by their refusal to identify themselves?

<p>Anonymous Informant (A)</p> Signup and view all the answers

What is the threshold amount that triggers special information retention requirements during funds transfers?

<p>$3,000 (D)</p> Signup and view all the answers

Which type of informant is considered to be the most valuable due to their connections?

<p>Criminal/Criminal Associate Informant (C)</p> Signup and view all the answers

What motivates informants to provide information to law enforcement?

<p>Fear/Self-Preservation and various personal agendas (A)</p> Signup and view all the answers

What must federal judges maintain regarding their involvement in legal outcomes?

<p>Complete neutrality and detachment (B)</p> Signup and view all the answers

What is one of the primary risks associated with a professional informant?

<p>They could falsify evidence for personal gain (B)</p> Signup and view all the answers

In which circumstance can a warrant be executed outside the district where it was issued?

<p>If the warrant was issued for terrorism-related activities (B)</p> Signup and view all the answers

Which group is typically restricted from being informants due to their circumstances?

<p>Criminal defendants and juveniles (D)</p> Signup and view all the answers

What is required to establish a required nexus in an affidavit for a search warrant?

<p>Facts showing a connection between evidence and the location of search (B)</p> Signup and view all the answers

What is the role of a beneficiary's bank in a funds transfer?

<p>To retain information and provide access to beneficiary's funds (A)</p> Signup and view all the answers

Which statement is true regarding anticipatory search warrants?

<p>They are based on the predicted occurrence of an event. (A)</p> Signup and view all the answers

What principle does the 'Plain View Doctrine' uphold?

<p>Evidence must be legally seized from an obvious location. (B)</p> Signup and view all the answers

Why are general searches considered unconstitutional?

<p>They limit law enforcement's discretion and define the lawful scope. (C)</p> Signup and view all the answers

When should a telephonic search warrant be obtained?

<p>In emergency situations where immediate action is required. (A)</p> Signup and view all the answers

What does practical accuracy in search warrants refer to?

<p>The ability of a reasonable law enforcement officer to identify items without assistance. (A)</p> Signup and view all the answers

What is the primary objective of an undercover operation?

<p>Obtain information/evidence unavailable through other investigative techniques (C)</p> Signup and view all the answers

Which type of undercover operation involves a sudden assumption of a shallow role?

<p>Impromptu (B)</p> Signup and view all the answers

What must a properly rolled finger capture during fingerprinting?

<p>Nail to nail and 1st joint (B)</p> Signup and view all the answers

What does AFIS stand for?

<p>Automated Fingerprint Identification System (C)</p> Signup and view all the answers

What should the DNA sample collected from individuals under arrest use?

<p>Buccal cells in cheeks (C)</p> Signup and view all the answers

What is the timeframe to mail a DNA sample and completed kit?

<p>24 hours (A)</p> Signup and view all the answers

Which unique identifiers must be on the FD-936 DNA entry form?

<p>F.A.B.S (C)</p> Signup and view all the answers

What is one common reason for the rejection of a DNA Collection Kit?

<p>Incomplete or ineligible information (C)</p> Signup and view all the answers

Flashcards

Funds Transfer Threshold

The amount of money ($3,000) above which banks must retain specific information about a funds transfer.

Informant

A person who provides information to law enforcement that may not otherwise be available.

Confidential Informant

An informant who requests that their identity be kept secret and enters an agreement with law enforcement.

Anonymous Informant

An informant who refuses to identify themselves and needs corroboration beyond their statement.

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Criminal/Criminal Associate Informant

Often the most valuable informant, as they can provide information about criminal activity.

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Beneficiary's account statement

Used to verify the wired funds received by the recipient.

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Informant categories

Different types of informants based on the level of confidentiality required and the nature of their information.

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Restricted Groups for Informants

Certain groups of people (criminal defendants, etc.) are not allowed to provide information to LE and this should be avoided.

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Undercover Operation Type: Impromptu

A sudden, shallow role assumption in an undercover operation, such as posing as a tourist.

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FD-249 Arrest & Institution Form

A form used for criminal arrest booking, containing fingerprint information.

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AFIS

Automated Finger Identification System, used for fingerprint analysis.

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FBI FD-249 Arrest & Institution card

The fingerprint card used for criminal arrest booking, with red lettering.

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DNA Sample Submission Time Limit

The time limit for submitting a completed DNA kit after collection, which is 24 hours.

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CODIS

Combined DNA Index System, where DNA samples are entered and analyzed.

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DNA Collection Device Barcode

A unique barcode on the DNA collection device that must match the barcode on the FM 936 form.

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Primary Objective of UC Operation

Obtaining information or evidence unavailable through other investigative techniques.

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Clandestine Labs: Red Phosphorus Source

Red phosphorus, used in clandestine meth labs, can be found in everyday items like matches and flares (striker plates).

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Clandestine Meth Lab Precursor

Ephedrine and pseudoephedrine (found in cold medicine) are crucial ingredients in making meth.

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Clandestine Lab Chemical Solvent

Brake cleaner, acetone, and camp fuel are solvents frequently used in clandestine meth labs.

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OC Spray Effect: Eyes

OC spray irritates eyes causing tearing, stinging, and temporary blindness.

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OC Spray Effect: Respiratory System

OC spray causes coughing, shortness of breath, and gagging when inhaled.

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Clandestine Lab Response: Safety First

When encountering a clandestine lab, immediately distance yourself, evacuate the area, and notify the proper authorities.

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OC Spray First Aid

When exposed to OC spray, flush your eyes and face with cool water and get a breeze.

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OC Spray: Not a Compliance Tool

OC spray is not meant for compliance, but for use as intermediary force.

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Federal Judge Jurisdiction (Districts)

A federal judge's authority extends to cases involving persons or property located within the district. If a person or item moves outside the district before the warrant is executed, the jurisdiction might not apply. Exceptions exist for terrorism and stored communications.

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Terrorism Jurisdiction

Federal judges have jurisdiction over terrorism-related activities that occur, or any property related to terrorism, within the relevant district.

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Stored Communications Warrant

Warrants for stored electronic communications (like emails) are allowed if issued in the district where the judge's jurisdiction applies to the crime, but the data is physically stored elsewhere.

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Anticipatory Search Warrant

A warrant that is executed based on a future 'triggering event'.

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Search warrant specifics

A search warrant must specify the items or evidence to be seized. The description must be precise, and general searches are illegal.

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Nexus in a Search Warrant

The connection between the evidence needed in a search warrant and the location to be searched, including time sensitivity.

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Stationary Surveillance Considerations

Planning stationary surveillance involves choosing observation locations near entry/exit points and communication methods.

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Plain View Doctrine

If evidence is in clear view during a lawful search, officers can seize it without a warrant.

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Telephonic Search Warrant

A search warrant obtained over the phone; can be useful for certain circumstances. Circumstances are not specified in the input.

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Foot Surveillance Methods

Foot surveillance can utilize one, two, or three officers. The ABC method involves three officers, one nearest the subject, and two others covering him/her.

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Vehicle Surveillance Advantages

Vehicle surveillance allows agents to observe remotely, maintain control while driving, and perform notes, radio, and navigation.

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Vehicle Surveillance Disadvantages

Multiple agents in a vehicle can look suspicious and require more personnel.

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Evading Surveillance (Foot)

Foot surveillance evasion techniques include quick stops, direction changes, or mimicking usual activities like window watching or speed changes.

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Evading Surveillance (Vehicle)

Vehicle evasion involves maneuvers like sudden turns, entering dead-ends, use of caution lights, or changing speed.

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Counter-Surveillance Tactics

Counter-surveillance methods include using dead drops, associating indirectly with people, and avoiding scanners/interceptors as part of an active effort to evade monitoring.

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Importance of Law Enforcement Notes

Law Enforcement notes are crucial for recalling investigative details, including contacts, activities via written documents, photos, audio/video, and more.

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Possession of Controlled Substance

To prove possession of a controlled substance, the government must demonstrate that the suspect knowingly possessed the substance, which is a controlled substance, and that the possession was unlawful.

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Constructive Possession

When a person has the ability to exercise control over a controlled substance, even if they aren't directly holding it. This can be shown through factors like the substance being in their car, house, or a bag they own.

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Joint Possession

When two or more people have the ability to control a controlled substance, even if it's not in their direct possession. This can be proven by things like ownership of the car, house, or container the substance is in, along with proximity to it.

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Distributing a Controlled Substance

Distributing a controlled substance means to transfer it to another person, either directly or indirectly. It can also include manufacturing, dispensing, possessing with intent to distribute, or transferring the substance.

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Manufacturing a Controlled Substance

Manufacturing a controlled substance includes any act that produces, prepares, compounds, processes, extracts, or purifies the drug. Growing a plant-based drug like marijuana is considered manufacturing.

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Depressants

Drugs that slow down the central nervous system, reducing anxiety, and causing relaxation. Two categories are narcotics, which include heroin and morphine, and non-narcotics, which include alcohol and tranquilizers.

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Stimulants

Drugs that speed up the central nervous system, increasing alertness, energy, and mood. Two main categories are amphetamines like methamphetamine and cocaine.

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Hallucinogens

Drugs that alter perception, thoughts, and feelings, often causing hallucinations and distorted senses. Examples include marijuana, LSD, and PCP.

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Study Notes

Federal Criminal Law - Exam 3 Study Notes

  • Title 18 U.S.C. § 1001 (False Statements): Applies to statements made in federal matters related to: civil, criminal, or administrative investigations; regulatory/administrative activities; or legal documents. Statements must be knowingly and willfully made with intent to deceive or mislead, and the statement must be material (meaning it could affect the investigation). An exculpatory “no” does not violate the Fifth Amendment.

  • Government Inducement (Permitted/Prohibited): Government cannot induce an innocent person to commit a crime for the purpose of prosecution. Permitted methods include decoys, deceptions, payments of a reasonable amount, and assisting defendants in commission of a crime (with cooperative witnesses). Prohibited methods include overzealous appeals to vulnerabilities/emotions, excessive financial incentives, threats, continuous pressure, and violent demonstrations.

  • Entrapment Defense: Entrapment exists when government misconduct is the key instigator of a crime. A government's implementation of a criminal disposition, planting the criminal design in an innocent person's mind, only occurs when the criminal conduct is the result of government activity.

  • Title 18 U.S.C. § 844 (Possession of a Controlled Substance): Focuses on knowingly and intentionally possessing a controlled substance. This includes having knowledge of the substance and its nature/ability to control it. It doesn't matter if controlled substance is in a common area of a residence (e.g., car, house, backpack).

  • Title 18 U.S.C. § 841 (Manufacture/Distribution of a Controlled Substance): Deals with knowingly and willingly manufacturing, distributing, dispensing, possessing, or transferring controlled substances. A felony for possessing any amount.

  • Title 18 U.S.C. § 844 (Possession of a Controlled Substance): (continued): Key consideration with a car's concealed drug possession: conclude the owner possesses the drug if the owner concealed it and its within the vehicle.

  • Drug Recognition: Describes classifications for drugs (depressive, hallucinogens, stimulants), along with classifications within those types (narcotics, non-narcotics, amphetamines, cocaine, base, etc).

  • Clandestine Labs: Focuses on identifying types, precursors, and chemicals used in methamphetamines production. These labs usually use ephedrine/pseudoephedrine cold medicine, solvents, and other chemicals.

  • Clandestine Labs (cont.): Emphasizes how to identify and handle clandestine labs including evaluating the totality of circumstances and safely evacuating the area and notifying the proper authorities.

  • OleoResin Capsicum (OC) Spray: Describes characteristics, effects, first aid, and post-exposure treatment protocols (e.g, cool water to open eyes). It also focuses on tactical, transportation, and use-of-force considerations, and the considerations about not spraying yourself when using OC Spray.

  • Fourth Amendment: Addresses who has authorization to issue federal search warrants and factors concerning a search warrant's execution (time of entry, method of entry, locations that may be searched). This section focuses on locations in districts, executing a warrant on a person or property, and locations for terrorism or stored wire-electronic communications. The requirements and uses of affidavits for search warrants and components for an affidavit are defined including particular crimes, facts showing a nexus between evidence and location, and other considerations like anticipatory warrants.

  • Surveillance: Definitions and characteristics of a good surveillant, surveillance objectives, various types, methods, advantages and disadvantages and the steps taken when conducting surveillance.

  • Narrative Reports/Written Statements: Required elements, such as accuracy, completeness, conciseness, and clarity. Memoranda of Interview/Activity, usage, and elements used for creating a case report. Identifies types/requirements for written statements and narrative reports.

  • Money Laundering: Focuses on the concept of money laundering (placement, layering, integration) and the related statutory requirements (Title 18 U.S.C. § 1956 and § 1957). These sections also include how money laundering is used to hide proceeds from crimes, which statutes include consideration for the proceeds of specific crimes, the proceeds associated with unlawful activities, and additional information.

  • Asset Forfeiture: Covers the types (civil and criminal forfeiture) and theories of asset forfeiture (proceeds, facilitation, enterprise) relating to assets involved in criminal enterprises.

  • Informants/Informant Sources: Discusses the categories of informants (anonymous, confidential, non-confidential) and the importance of controlling them to prevent entrapment. Includes the appropriate use of informant evidence within a legal context. Also explains how to locate, analyze, and trace the flow of funds/assets.

  • Prisoner Processing: Discusses the proper completion of a FD-249 arrest and institution form, which documents pertinent information related to the subjects arrest.

  • DNA Collection: This section covers procedures for collecting and submitting DNA samples from convicted offenders

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