TSA Regulations for Flying Armed LEOs PDF
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Summary
This document details regulations and procedures related to US law enforcement officers flying armed on commercial aircraft. It covers situations in non-sterile and sterile areas of airports, as well as onboard procedures and prisoner escorts. Includes key elements such as safety, legal authority, and appropriate procedures.
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THE FINAL ONE 2800. TSA Regulations for Flying Armed. EPO #1. Identify the Regs & Procedures Pertaining to LEOs Flying Armed in Non-Sterile Areas of the Airport. Regulations: (WHO) 1. Federal LEO or a full-time municipal/county/state/tribal/territorial LEO 2. Sworn...
THE FINAL ONE 2800. TSA Regulations for Flying Armed. EPO #1. Identify the Regs & Procedures Pertaining to LEOs Flying Armed in Non-Sterile Areas of the Airport. Regulations: (WHO) 1. Federal LEO or a full-time municipal/county/state/tribal/territorial LEO 2. Sworn & Commissioned to enforce criminal & immigration statutes 3. Be authorized by employing agency to have a weapon IAW assigned duties 4. Have completed approved TSA “LEO Flying Armed Training Course” (WHEN) 1. Necessity (i.e. conducting protective escort duty/related travel/conducting hazardous surveillance) 2. Pertains to Job (i.e. official travel w/ a requirement to arrive prepared for duty, FAM) 3. Federal LEOs whose agency policy allows it 4. Prisoner Transport Procedures: (HOW) 1. Check in to front desk & fill out ‘Notice of LEO Flying Armed’ Form a. At Least 1 hr before departure b. “As soon as practical” for emergency notifications 2. Proceed through ‘Exit’ area or Known Crewmember Lane EPO #2. Identify the Regs & Procedures Pertaining to LEOs Flying Armed in Sterile Areas of the Airport. Regulations: (WHAT) 1. When entering sterile area, LEO must present: a. Credentials (With clear, full face photo & agency’s official seal) b. Another Valid Form of ID c. ‘LEO Flying Armed’ Form d. UFAN (or alphanumeric # for agencies w/o UFAN) Procedures: (HOW) 1. LEO should conceal items that TSA prohibits normal passengers from carrying (WHAT) 1. Go to gate agent → Declare yourself as flying armed, present ‘LEO Flying Armed’ Form → They’ll disclose to PIC * PIC can deny any person from flight, incl. armed LEO **However, PIC cannot detain LEO’s weapon or dictate LEO’s actions (WHERE) → Places LEOs can ask if other LEOs are flying armed: (1) Ticketing agent (2) Gate agent (3) PiC EPO #3. Identify the Regs & Procedures for Armed LEOs Onboard the Aircraft & While Escorting Prisoners. Armed & No Prisoners – Regulations: 1. Must meet PiC & other armed LEO’s before doors close (or at least know where LEOs are seated) 2. Do not consume alc on flight or 8 hrs before Procedures: 1. Listen to flight attendant commands a. They deal w/ low-level security, advised to act when they request 2. Maintain ctrl of weapon @ all times (concealed on person or w/in immediate reach) 3. Considerations for Action: a. Agency Policy d. FAM presence b. Jurisdiction e. Capability/training c. Legal Authority *Be wary of ruses/threats to elicit LEO response Armed With Prisoners Regulations 1. Notify Airline atleast 24 hrs prior to flight, check in atleast an hour before flight 2. Exceptions to Prisoner Transport = Voluntary Protective Escort/Non-violent individs from ICE/ERO/ family of deportees Procedures 1. Only LEO can authorize food/beverage/utensils of P 2. Hands fully restrained → Leg shackles are not permitted 3. Sit between P & aisle 4. Board first, deplane last & sit @ back of plane Types 1. High Risk a. No more than one HR per aircraft b. Ratios → 1P : 2 LEOs, 2P : 3 LEOs 2. Low Risk a. Ratios → 1/2P : 1 LEO < 4hr flight → 1/2P : 2 LEO > 4hr flight → 2P : 2 LEO = max. for commercial flights 2692. Aircraft Countermeasures. EPO #1.Identify/Demonstrate Special Aircraft Jurisdiction of U.S. & Related Legal Authorities. Special Aircraft Jurisdiction: a. From doors closing until after landing before doors open, the aircraft space = U.S. soil b. If LEO flies armed to Frn Country w/o proper approval, LEO will be arrested upon arrival EPO #2. Identify/Demonstrate LEO Considerations for Taking Action During an Act of Air Piracy or a Crime of Violence on Board a Commercial Aircraft in Flight. Considerations: 1. Physical Condition of LEO 2. Presence of other LEOs or FAMs 3. Training and Experience of LEO 4. # of Suspects EPO #3. Identify/Demonstrate LEO Technical Response to Acts of Air Pracy or Crime of Violence. Technical Response: 1. Go @ own pace 2. Get to POD or POA 3. 3 Exceptions to Leaving POD: a. FIRE, BANG, BOOM EPO #4. Identify/Demonstrate Procedures for Handling IED on Board a Commercial Aircraft. 1. Leave POD 2. Have Aircrew gain control over IED 3. Escort Aircrew w/ IED so they can safely bring it to LRBL 4. Once @ LRBL, clear atleast four rows of passengers 5. Use suitcases, wet blankets/towels, and seat cushions to cover IED 6. LEO remains at new position w/ IED @ LRB 1130. Federal Court Procedures EPO #1. Identify Structure & F(x) of Fed Court Judges, and Duties of U.S. Federal District Ct + Magis. Ct Judges. 1. SCOTUS a. Lays the foundation for the law on Constitutionality b. Appellate Jurisdiction c. 9 Justices 2. Circuit Court of Appeals a. 13 Districts total → 11 Regional, 1 D.C., 1 District Court b. Appellate Jurisdiction c. President appoints, Senate confirms 3. U.S Federal District Court a. “Original Jurisdiction” i. Trial court for all felony offenses (Class A misdemeanors can be seen at this level too) b. Lifetime appointments 4. Magistrate Court Judges a. Makes PC determinations i. For warrants, initial appearance, conducts hearings ii. Determines bond, arraignment, pre-trial motions b. “Magi judges do not under any circumstances have the power to conduct felony trials” i. Can rule on Class A Misdemeanors and below EPO #2. Identify Methods of Causing a Defendant to Appear Before a Magistrate Judge. (2) Methods of Appearance: 1. Arrest Warrant a. What → Identifies person to be arrested & Identifies charges b. Why → Bring person to initial appearance w/o unnecessary delay c. How → Through Complaint, Information, Indictment i. Complaint 1. Who → LEOs prepare, Judge approves 2. What/Contents → Statute Violated //Facts showing PC & Elements met 3. When: a. Must be completed before initial appearance b. Must be filed atleast 48 hrs after a warrantless arrest c. Time is constrained (temporary fix & premature discovery) d. Written PC, supporting affidavit, & LEOs signature under oath b4 judge will sign e. Criminal entitled to Preliminary Hearing unless Information or Indictment is filed i. Prelim Hearings allow D to cross examine W’s (premature discovery) ii. Information 1. Who → AUSA prepare, Judge approves 2. What/Contents → statute(s) violated, description of crime, & elements gov must prove 3. Uses →Class A, B, C misdemeanors → Felonies IFF defendant waives right to GJ Indictment (not capital tho) iii. Indictment 1. Who → GJ approves & files w/ atleast 12 votes to find PC a. D can waive right to Indictment (unless Capital Offense) 2. Summons a. Who → Served by LEO // For person formally charged by complaint, information, or indictment b. What → Commands D to appear at court & answer to charges (still a voluntary choice for D) EPO #3. Identify Proper Procedures Immediately After Arrest & Purpose/Procedure of IA & DH. 1. Proper procedures a. Without “unnecessary delay” (w/in 24hrs → 6hr “safe zone”) i. Unacceptable delays → LEO provides no excuse, LEO argues that interrogation was ongoing 2. Initial Appearance (IA) a. Purpose → Inform D of charges b. Procedure → Rights Advisement (Right to counsel, Miranda,pre-T hearing/release) 3. Detention Hearing (DH) a. Purpose → Bail / Pre-T release b. Procedure → D gets bond unless: i. Flight risk ii. Dangerous to Community → Factors: 1. Seriousness of offense 2. Strength of case 3. Criminal History 4. Degree of danger D presents EPO #4. Identify Procedures When D is Arrested in a District Other Than Where Crime Occurred & Purpose of Removal/Identity Hearing. 1. Same District: a. IA occurs in that district 2. Different District a. Options: LEO takes D to arresting district or adjacent district i. IFF initial can occur more promptly & IA can happen same day as arrest b. D gets removal & identity hearing i. Purpose: ensure D is the offending individual 1. Removal = transferring D to offending district 2. Identity = D admits “true name” EPO #5. Identify Proper Procedures to Follow When a Criminal Incident Involves a Diplomat/Congressperson & Proper Procedures After Arrest of a Juvenile. (1) Diplomats (a) Categories – (b) Therefore… (i) Representative of Frn Country & w/in U.S. (i) do NOT arrest (do investigate) (ii) U.S. gov must officially recognize person (ii) do not search/frisk person, car, effects (iii) Not subject to jurisdiction of U.S. courts (iii) do not cuff (unless for O safety) (iv) Embassy/Frn mission treated as Frn Soil (iv) do not seize property (v) U.S. diplomats abroad need reciprocal benefits (v) Advise: “I will detain & verify your status” (2) Congresspersons (a) Default – (i) Privileged from arrest when: Congress is in session, Attending sessions, Going to/from Congress (ii) Exceptions: Felony arrest, Breach of ☮ (b) Pointers – (i) Breach of ☮ = a fluid term & Consult w/ USAO & supervisor b4 arresting (3) Juveniles (a) Special Procedures – (i) Immediately: Mirandize, in terms they can understand & regardless of attempt to Q them : good faith attempt to notify parents/guardians of arrest & Mirandize : notify AUSA of arrest & charges (b) Must – (i) Allow parent/guardian to speak to juvenile upon request (ii) Do not make public/media release (i.e. names, photos, docs/reports, fingerprints) EPO #6. Identify Proper Procedures to Follow in Notifying a Frn Nationals Consular Rep when a Criminal Incident Involves Arrest of a Frn National. 1. Vienna Convention on Consular Relations (VCCR) a. Established protocol for treatment of Frn Nationals arrested in the U.S. b. International Law Treaty Status → Terms apply to all governing officials (fed, state, local) c. Two Rules: (1) Basic - Frn National’s country is NOT on list → Notification to consular IS optional (2) Special - Frn National’s country IS on list → Notification to consular is NOT optional - Notification must be made w/o delay EPO #7. Identify the Requirement & Procedures for the Preliminary Hearing & Arraignment. 1. Preliminary Hearing: a. Purpose → gov required to produce evi to determine if arrest was made w/ enough PC (felonies/Class A) b. Waivers → D waives right, D is indicted or charged by information, or gov dismisses case c. Procedures: i. B4 Magi Judge, No Jury, Rules of evi do not apply ii. Determines PC 1. If Yes PC → D req’d to appear the rest of court procedures 2. If No PC → D release & case dismissed (does not prevent future prosecution*) 2. Arraignment: a. Ensures D has a copy of indictment/information b. Read charging document/advise D of substance c. For D to enter plea (i.e. “not guilty”/”guilty”) EPO #8. Identify F(x) & Purposes of the Grandy Jury. F(x): 1. Return indictments on infamous crimes (felonies) 2. Investigate crimes in districts they sit Purpose: 1. Selection, Empanelment, Structure a. Random drawing of registered voters, ab. 18 months, 16-23 ppl, empaneled by U.S. District Ct 2. Process a. Recorded, secret proceeding d. Only 1 Witness @ a time b. D has no legal right to be present e. AUSA presents evi c. PC needs 12+ votes f. Federal Rules of Evi do not apply i. (yes = indict, no = “no bill” but AUSA can try again) 3. Sealed Indictments a. Default rule = No b. Can request sealing sealing until D is arrested to preserve evi & notice to codependents i. Will have to unseal by arraignment 4. Post-Indictment → GJ pwr to investigate ends once returned EPO #9. Identify the Types & Uses of Grand Jury Subpoenas. (2) Types: 1. Ad Testificandum a. Commands appearance of Witness to testify 2. Duces Tecum a. Commands person to produce specific books/papers/docs/data/objects & testify about them GJ Subpoenas: a. Allows investigators to obtain information otherwise not granted b. Must be relevant c. AUSA gets them, LEOs serve them d. Limitations → only for crimes where GJ sits → not solely to locate a fugitive → only for criminal matter → cannot prevent destruction of evi → cannot compel privileged info/interviews EPO #10. Identify the Rules Governing the Secrecy of Proceedings of the GJ, the Limited Dissemination of GJ Information, & the LEO’s Responsibilities Regarding the Use of GJ Material. 1. Secrecy Rules: a. “Matters occurring before GJ” = secret i. Names & Testimony of Witnesses & Documents/Other items Subpoenaed by GJ b. Purpose: encourage testimony, ↓ prospective D’s thwarting future inv, protect exonerated accused persons c. 6(e) List = Access to GJ Matters, list of individuals who are subject to secrecy rules ii. “Independent Source” → not subjected to 6(e) restrictions iii. “Mixed Info” → if does not reveal/identify a source of information gathered from a GJ 1. Can be LEOs 2. Other AUSA’s 3. Another GJ 4. Jencks Act in Trial 5. Frn intelligence 2. Disclosure Exceptions a. Non-Government Witnesses (priv citizen can share what they testified to/subject matter) b. USDC or AUSA EPO #11. Identify the Documents Required to Formally Accuse D. Capital Felony → Indictment (not waivable) Felony → Indictment / Information Class A MisD → Information / Complaint Class B/C/Lwr → Complaint / Citation EPO #12. Identify How the Defense Obtains Info From Gov That Can Be Used in Trial & Other Purposes (FR Crim 16, Brady Doctrine, Giglio, Jencks Act, & FR Crim 26.2). (4) Ways: 1. FR CrP 16: a. D’s recorded & written statements b. Criminal history c. Oral statements to D knew was a gov actor d. docs/objects/photos e. items/evi obtained from D f. reports (i.e. handwriting, ballistic, fingerprints) 2. Brady Documents a. Exculpatory Evi i. © req’s gov to give D favorable evi that could cast doubt on guilt or lighten sentence ii. No request necessary & Must be w/in a reasonable time before trial 3. Giglio a. © req’s disclosure of evi that tends to impeach gov trial witnesses i. Ex. info probative of credibility/truthfulness payment info/immunity/plea bargains Specific instances of untruthfulness 4. Jencks Act → D gets access to: a. Written, made, signed, adopted statements by Witness b. Recorded & Officer Notes c. Substantially verbatim transcripts & transcript of GJ testimony *All 4 (Discovery/Brady/Giglio/Jencks) → O has continuing duty to disclose → Prosecutor manages → Sanctions for failure to comply Ex. Continuance, Mistrial, Exclusion of Evi, Striking W testimony, Reversal of Conviction EPO #13. Identify Responsibilities of FLEO to Liason U.S. Probation Office in Preparing a PreSentencing Report. 1. Responsibilities: a. Comply with requests for information by Probation Office i. Some information they need is only accessible through investigative file b. Make sure the information requested is available 2601. Terrorism EPO #1. Identify Core Concepts of Violent Extremism & Targeted Violence for Criminal Investigators. Definitions *TERRORISM – an activity that involves violent act or an act dangerous to human life, property, or infrastructure & appears to be intended to: a. to intimidate / coerce a civilian population b. to influence policy or government by intimidation or coercion c. to affect conduct of gov by mass destruction, assassination, kidnapping, & hostages * TARGETED VIOLENCE – a goal-directed, predatory, & focused criminal acts taken against specific individuals or a group → lacks : a discernible political, ideology, or religious motivation : does not diminish impact of our sense of safety / perception of security in our communities * VIOLENT EXTREMISM – Core Concepts 1. Radical Ideology → idea that violence may be justifiable a. Factors: (1) Personal (3) Sociopolitical (2) Group (4) Ideology 2. Foreign Terrorist Organizations (FTO) → designated through a FTO List a. Reasons for List: (1) Impacts Travel (2) Freezes Assets (3) Identifies Crimes (18 U.S.C. 2339B) 3. Pathway to Violence (1) Radicalization (a) grievance (b) ideation (2) Mobilization (a) research/planning (c) probing/breaching (b) preparation (d) attack EPO #2. Identify Criminal Investigators Responsibilities Twds Prevention, Response, Inv Activity/Strategy when Involved w/ Potential Terrorism or Targeted Mass Violence Activity. Definitions *SOFT TARGET : target rich enviros tht lack any formalized security in-depth protocols → usually civ locations where large #’s of unarmed people gather * HARD TARGET : locations that are heavily defended & opened to the public that have layers of protection/robust security measures Prevention → Responsibilities a. Observe indicators b. Gather intel on potential threats c. Identify Suspects d. Evidence collection Response Inv. Strategy → counter terrorism strategy : direct actions taken against terrorist networks & indirect actions to infl/render global & regional environments ?? a. offensive b. FBI leads it (deter, detect, defeat) → anti terrorism strategy: defensive measures used to ↓ vulnerabilities of individuals & property a. defensive b. DHS leads it (prevent Terrorism, enhance security) i. Responsibilities: Border security, Citizenship-Imm management, CISA, FEMA, Economic security, Human Trafficking, TSA Review: Know def of terrorism Four factors Home grown terrorist become inspired once here 2 phases = radical & mobile What a soft and hard target equals 2006. Description & Identification Process EPO #1. Identify Physical & Psych Factors that can Influence an Individ's Perception of a Person, Place, or Thing. Definition – PERCEPTION Factors – Stress: 1. Physical 2. Psychological 3. Acute Physical: 1. Age 5. Hearing 2. Vision 6. Smell/Taste 3. Illusions 7. Vantage Point (*angles create distortion) 4. Conditions → disease, pain, hunger, fatigue, under influence, unnatural body position Psychological: 1. Group Pressure 4. Other → 1st impressions/previous experiences 2. Tunnel Vision → stereotyping, interests, emotions 3. Intense Attitude/Feelings → cultural background, social role EPO #2. Identify Inv Techniques that Aid the LEO in the Description & Identification Process. 1. Interviews 2. “Show Ups” a. In field identification 3. Line-Ups a. General & Similar b. Simultaneous vs. Sequential 4. Neighborhood Canvas 5. Statement Corroboration 1091. Federal Criminal Law EPO #1. Identify & Apply the Elements of 18 U.S.C. § 641 (Theft). (4) Ways to Violate: 1. Theft a. D b. Voluntarily, Intentionally, & Knowingly c. Stolen property belonging to U.S. d. w/ Intent to Deprive U.S. of Use or Benefit of the Property 2. Embezzlement a. D b. Voluntarily, Intentionally, & Knowingly c. Embezzled property belonging to U.S. d. w/ Intent to Deprive U.S. of Use or Benefit of the Property 3. Conversion a. D b. Voluntarily, Intentionally, & Knowingly c. Converted property belonging to U.S. d. w/ Intent to Deprive U.S. of Use or Benefit of the Property 4. RECEIVING STOLEN PROPERTY a. D b. Voluntarily, Intentionally, & Knowingly c. Stolen, Embezzled, or Converted property belonging to U.S. d. Knowing that property has been stolen, embezzled, or converted e. w/ Intent to Deprive U.S. of Use or Benefit of the Property EPO #2. Identify How Many Persons Are Needed To Form a Conspiracy. 1. At least two people with genuine intention to commit an illegal act through an agreement EPO #3. Identify When Knowledge & Intent are Sufficient. Sufficient Standards for: 1. Knowledge – a. That an illegal act is taking place 2. Intent – a. To participate, even if they fail to show when the time comes EPO #4. Identify an Agreement & it’s F(x) According to 18 U.S.C. § 371 (Conspiracy). 1. Agreement = a. F(x) = EPO #5. Identify the F(x) of an Overt Action in the Crime of Conspiracy. EPO #6. Identify the Limits of Withdrawal or Later Joiner’s Criminal Liability. EPO #7. Identify & Apply Offenses under 18 U.S.C § 1028, the False ID Crime Control Act of 1982. EPO #8. Identify the Penalities That May Be Imposed Pursuant to Selected Provisions of 18 U.S.C §1028, the False ID Crime Control Act of 1982. EPO #9. Identify & Apply Elements of Mail & Wire Fraud Statutes, 18 U.S.C § 1341/1343. 1. Fraud: intentional, presentation of a falsehood as truth, w/ goal of causing someone to part w/ something of value a. Mail Fraud i. Elements: Components: 1. Any person a. Interstate or intrastate 2. Intentionally devises fraud scheme b. Reasonably foreseeable 3. Uses or causes the mail to be used c. Lulling letters 4. Furtherance of fraud scheme d. Each mailing = 1 count e. FedEx / UPS included here b. Wire Fraud i. Elements: Components: 1. Any person a. Interstate only 2. Intentionally devises fraud scheme b. Reasonably foreseeable 3. Uses/causes an interstate or frn wire transmission c. Each transmission = 1 count 4. Furtherance of fraud scheme c. Venue i. District → where transmission sent, through which passed, where received (origination or destination districts) EPO #10. Identify & Apply Elements of National Stolen Property Act, 18 U.S.C. § 2314. Paragraph 1: Transportation of Stolen Goods Components: 1. Interstate transport a. Know property was stolen 2. Of any good, wares, merchandise, securities, or money of value ≥ $5,000 b. Anyone can transport 3. Knowing stolen, converted, or taken by fraud c. Not know of interstate transport a. Know property was stolen b. No need to know interstate transport c. Anyone can transport & value is of aggregate of shipment Paragraph 2: Travel Fraud Components: 1. Interstate Transport/Inducement of person to travel interstate or frn a. Gov must prove intent 2. For purpose of defrauding person of money or property ≥ $5,000 Paragraph 3: Transportation of False Securities or Tax Stamps Components: 1. Transportation in Interstate Commerce a. Securities – stock certificates, 2. Falsely made, forged, altered, or counterfeited securities or tax stamps bond, $ orders, checks 3. Unlawful or fraud intent motor vehicle titles 4. Knowing such to be forged altered, or counterfeit b. Non-Securities – Credit Cards CC slips, airline tickets, Leases, Treasury checks c. Checks → false makers/accnts does not incl forged endorsements EPO #11. Identify When a Person May be Prosecuted for Assisting Another in the Commission of a Crime IAW 18 U.S.C § 2-4. P. 184-188 1. Principal (commit the crime) 2. Aider/abettor (assist principal before or during the crime) a. Those who aid, abet, counsel, command, induce, encourage, or procure the commission of an offense b. Are guilty of the offenses they aided, abetted, etc. c. Elements: i. Crime must be committed ii. Knowledge of crime 1. (mere knowledge is not enough alone, just know that they are helping in the commission of a crime) iii. Affirmative act of association d. Timing → actions only before or during commission of crime e. Perpetrator does not have to be caught, persecuted, or convicted of offense 1. Causes crime (intentionally causes another to commit crime) a. Elements i. D caused act to be done ii. Act would be an offense iii. Causation was intentional b. Person causing crime does not need to know who actually committed crime, be present when crime is committed 2. Accessory after the fact a. Elements i. Someone committed a federal crime ii. D knew crime was committed iii. D willfully assisted in preventing or hindering the apprehension, trial, or punishment of principal b. Timing i. Actions only after crime has been committed c. Felony or misdemeanor d. Silence is not enough i. Ex. redirecting police to wrong place, allowing them to hideout, helping fence stolen goods 3. Misprision of a felony a. Elements i. Knowledge ii. Of a felony iii. affirmative act of concealment iv. Fail to make crime known to authorities b. Felony only 2004. Execution of a Search Warrant EPO #1. Identify Information Critical in Operational Planning for SW’s. EPO #2. Identify Proper Techniques for Confronting, Frisking/Searching, & Controlling Occupants + Ways to Offset False Accusations While Executing a SW. EPO #3. Identify the Duties of the Entry, Cover, & Search Team and How They Carry Out These Duties. EPO #4. Identify the 5 Essential Elements in Executing a SW. *Always present & constant* 1. Safety (most important, SW = inherently risky) 2. Legality (necessary, mindful considerations) *Must be Flexible* 3. Surprise (consider timing, execute when most evi present, most suspects, easy entry) 4. Speed (prevent possible resistance & destruction of evi, the better the planning the better this is) 5. Simplicity (↓ confusion/error, simple & flexible procedure)