Federal Criminal Law Exam 5 Study Guide

A law enforcement officer (LEO) can arrest someone without a warrant if they have probable cause to believe a felony was committed or if a misdemeanor was committed in their presence.

An officer writes a criminal complaint, swears to its truth, and asks a magistrate judge for an arrest warrant.

A US Attorney (AUSA) files an information, presents it to a magistrate judge, and requests an arrest warrant.

A grand jury (GJ) has indicted the defendant, and the court clerk issues an arrest warrant based on that indictment.

If a defendant is arrested in a district where the crime did not occur, they may have an initial appearance in the district where they were arrested or an adjacent district if it's more convenient and the crime was committed there.

A hearing where the judge verifies that the person arrested is the same as the person named on the arrest warrant.

A hearing to decide whether the defendant should be transferred to the district where the crime occurred.

The first court appearance after an arrest. The defendant's rights are explained, bail is set, and a date for the next hearing is determined.

An act taken by a conspirator after the agreement is made, which furthers the goals of the conspiracy. It can be any act, even if it's not itself criminal.

A group of two or more people who agree to commit a crime. Only one overt act by one member is needed to make everyone liable.

A person who joins a conspiracy after it's already begun, but before it ends. They don't need to commit an overt act because one has already been done.

Someone who was once part of a conspiracy, but takes affirmative steps to distance themselves from the crime, communicating their withdrawal to co-conspirators or authorities.

When a defendant takes US property with the intent to deprive the US of its use and benefit. This can include things like theft, embezzlement, or even reckless destruction.

The defendant took the US property knowingly, voluntarily, and intentionally. They wanted to take it and keep it from the US.

A defense that the defendant must prove to avoid responsibility. It works when the defendant has taken clear action to withdraw from the conspiracy before the crime occurs.

After a defendant withdraws, they are not responsible for any crimes that happen after the withdrawal. But they can still be charged with the conspiracy itself if they were involved before the overt act.

FBI-led efforts to directly and indirectly combat terrorist networks by making the global environment unfavorable for terrorist activities. This involves hindering their operations, recruitment, and finances.

A collaborative platform where federal and local law enforcement officials work together to investigate and disrupt terrorist threats, pursuing those responsible.

Defensive measures implemented to minimize the vulnerability of individuals and property to terrorist attacks. Primarily a DHS responsibility, focusing on strengthening borders, infrastructure, and cyberspace.

A specialized center focused on preventing violent extremism by supporting communities in developing local prevention programs.

A system for documenting and reporting encounters with individuals who pose a potential threat to national security. It utilizes codes to classify and manage the level of risk associated with each encounter, guiding law enforcement response.

The initial appearance of a defendant before a magistrate judge after arrest. The defendant is informed of the charges against them, their rights, and potential bail conditions.

A hearing to decide whether a defendant will be released on bail or detained pending trial. The government must demonstrate a flight risk or danger to the community to detain.

A court-ordered financial guarantee that ensures the defendant will appear in court for future hearings. Failure to appear can result in forfeiture of the bond.

A release of the defendant from custody without any financial guarantee. The defendant is trusted to appear in court on their own recognizance.

A formal procedure for taking fingerprints and photographs of a defendant after arrest.

A court-ordered restriction placed on a defendant's liberty. Examples include curfews, restrictions on travel, or no contact with certain individuals.

A court order requiring a defendant to appear for a court hearing. Failure to appear can result in an arrest warrant.

Law enforcement officers (LEOs) flying armed must present credentials, ID, boarding pass, Notice of LEO flying armed, and a unique agency number to TSA.

Once boarded, an armed LEO must show paperwork to the aircrew and identify themselves to the pilot in command (PIC).

Armed LEOs must maintain complete control of their weapon and keep it concealed on the aircraft.

Prisoners under LEO escort are not allowed to have food, drink, or metal utensils unless authorized by the escorting LEO.

LEOs should be discreet and avoid attracting unnecessary attention while in the sterile area of the airport.

A situation on an aircraft that poses an immediate threat to its integrity requiring immediate action from law enforcement officers. This includes situations like a fire, a loud bang, or a possible explosion.

A specific area on an aircraft where an Improvised Explosive Device (IED) should be moved to minimize potential harm. It's typically located towards the rear of the plane.

The position of a law enforcement officer (LEO) when they need to take immediate action. The only one on the aircraft is at the back of the plane, near the flight deck door.

A position a law enforcement officer (LEO) can take to maintain a tactical advantage. It's usually against the aircraft's skin or at the rear of the aircraft. This allows for better visibility and control.

Federal law enforcement officers who are authorized by their agency to carry and fly armed must adhere to specific rules and regulations, ensuring safety and compliance.

A law enforcement officer cannot consume alcohol within 8 hours of a flight or while on a flight. This rule is in place for safety and professional conduct.

Federal Law Enforcement officers who are authorized to fly armed must check in at least an hour before their flight with the ticket agent, presenting their credentials. This ensures proper identification and security procedures.

If a law enforcement officer is transporting a prisoner, they must notify the flight crew at least 24 hours in advance, providing details on the prisoner's risk level. This enables the crew to prepare and arrange appropriate seating.