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Questions and Answers
What is sufficient for the government to prove in relation to a controlled substance?
What is sufficient for the government to prove in relation to a controlled substance?
Which factor is NOT considered when evaluating joint possession?
Which factor is NOT considered when evaluating joint possession?
Which of the following substances is classified as a narcotic under depressants?
Which of the following substances is classified as a narcotic under depressants?
Which is considered an act of manufacturing in relation to plant-based drugs?
Which is considered an act of manufacturing in relation to plant-based drugs?
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Which of the following is NOT a category of drugs of abuse within the stimulant classification?
Which of the following is NOT a category of drugs of abuse within the stimulant classification?
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What is a primary consideration when selecting a location for stationary surveillance?
What is a primary consideration when selecting a location for stationary surveillance?
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Which element is NOT required to prove unlawful distribution of a controlled substance?
Which element is NOT required to prove unlawful distribution of a controlled substance?
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Which foot surveillance method involves three individuals with specific roles?
Which foot surveillance method involves three individuals with specific roles?
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Which of the following drugs is considered to have a depressant effect?
Which of the following drugs is considered to have a depressant effect?
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What is an advantage of vehicle surveillance?
What is an advantage of vehicle surveillance?
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What is the primary characteristic of controlled substances under Title 18 U.S.C.§ 841?
What is the primary characteristic of controlled substances under Title 18 U.S.C.§ 841?
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What is a common tactic to evade foot surveillance?
What is a common tactic to evade foot surveillance?
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What can be a disadvantage of using two agents in vehicle surveillance?
What can be a disadvantage of using two agents in vehicle surveillance?
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Which of the following methods applies to countering vehicle surveillance?
Which of the following methods applies to countering vehicle surveillance?
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What is a requirement for law enforcement notes?
What is a requirement for law enforcement notes?
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What is one of the uses of documenting law enforcement activities?
What is one of the uses of documenting law enforcement activities?
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What should be the first response when a clandestine lab is discovered?
What should be the first response when a clandestine lab is discovered?
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Which of the following chemicals are commonly used as solvents in the manufacture of methamphetamine?
Which of the following chemicals are commonly used as solvents in the manufacture of methamphetamine?
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What is an immediate effect of Oleoresin Capsicum (OC) spray on the eyes?
What is an immediate effect of Oleoresin Capsicum (OC) spray on the eyes?
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Which method is NOT a source for Red Phosphorus?
Which method is NOT a source for Red Phosphorus?
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What is a primary characteristic of Oleoresin Capsicum (OC) spray?
What is a primary characteristic of Oleoresin Capsicum (OC) spray?
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What is NOT a recommended action when exposed to Oleoresin Capsicum (OC) spray?
What is NOT a recommended action when exposed to Oleoresin Capsicum (OC) spray?
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Which item is typically NOT stored in propane tanks for Birch Reduction/Nazi method?
Which item is typically NOT stored in propane tanks for Birch Reduction/Nazi method?
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When is it advisable to provide first aid for OC spray exposure?
When is it advisable to provide first aid for OC spray exposure?
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What is the information that banks are required to retain during a funds transfer based on their role?
What is the information that banks are required to retain during a funds transfer based on their role?
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Which category of informant is characterized by their refusal to identify themselves?
Which category of informant is characterized by their refusal to identify themselves?
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What is the threshold amount that triggers special information retention requirements during funds transfers?
What is the threshold amount that triggers special information retention requirements during funds transfers?
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Which type of informant is considered to be the most valuable due to their connections?
Which type of informant is considered to be the most valuable due to their connections?
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What motivates informants to provide information to law enforcement?
What motivates informants to provide information to law enforcement?
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What must federal judges maintain regarding their involvement in legal outcomes?
What must federal judges maintain regarding their involvement in legal outcomes?
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What is one of the primary risks associated with a professional informant?
What is one of the primary risks associated with a professional informant?
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In which circumstance can a warrant be executed outside the district where it was issued?
In which circumstance can a warrant be executed outside the district where it was issued?
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Which group is typically restricted from being informants due to their circumstances?
Which group is typically restricted from being informants due to their circumstances?
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What is required to establish a required nexus in an affidavit for a search warrant?
What is required to establish a required nexus in an affidavit for a search warrant?
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What is the role of a beneficiary's bank in a funds transfer?
What is the role of a beneficiary's bank in a funds transfer?
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Which statement is true regarding anticipatory search warrants?
Which statement is true regarding anticipatory search warrants?
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What principle does the 'Plain View Doctrine' uphold?
What principle does the 'Plain View Doctrine' uphold?
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Why are general searches considered unconstitutional?
Why are general searches considered unconstitutional?
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When should a telephonic search warrant be obtained?
When should a telephonic search warrant be obtained?
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What does practical accuracy in search warrants refer to?
What does practical accuracy in search warrants refer to?
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What is the primary objective of an undercover operation?
What is the primary objective of an undercover operation?
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Which type of undercover operation involves a sudden assumption of a shallow role?
Which type of undercover operation involves a sudden assumption of a shallow role?
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What must a properly rolled finger capture during fingerprinting?
What must a properly rolled finger capture during fingerprinting?
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What does AFIS stand for?
What does AFIS stand for?
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What should the DNA sample collected from individuals under arrest use?
What should the DNA sample collected from individuals under arrest use?
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What is the timeframe to mail a DNA sample and completed kit?
What is the timeframe to mail a DNA sample and completed kit?
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Which unique identifiers must be on the FD-936 DNA entry form?
Which unique identifiers must be on the FD-936 DNA entry form?
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What is one common reason for the rejection of a DNA Collection Kit?
What is one common reason for the rejection of a DNA Collection Kit?
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Study Notes
Federal Criminal Law - Exam 3 Study Notes
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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.
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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.
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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.
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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).
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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.
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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.
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Drug Recognition: Describes classifications for drugs (depressive, hallucinogens, stimulants), along with classifications within those types (narcotics, non-narcotics, amphetamines, cocaine, base, etc).
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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.
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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.
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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.
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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.
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Surveillance: Definitions and characteristics of a good surveillant, surveillance objectives, various types, methods, advantages and disadvantages and the steps taken when conducting surveillance.
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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.
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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.
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Asset Forfeiture: Covers the types (civil and criminal forfeiture) and theories of asset forfeiture (proceeds, facilitation, enterprise) relating to assets involved in criminal enterprises.
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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.
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Prisoner Processing: Discusses the proper completion of a FD-249 arrest and institution form, which documents pertinent information related to the subjects arrest.
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DNA Collection: This section covers procedures for collecting and submitting DNA samples from convicted offenders
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Prepare for your Federal Criminal Law Exam 3 with these comprehensive study notes. Covering key concepts such as Title 18 U.S.C. § 1001, government inducement, and the entrapment defense, these notes will help deepen your understanding of federal statutes and legal procedures. Ensure you're ready to tackle questions related to false statements and lawful defenses.
