TSA Regulations for Flying Armed PDF

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.​ Boarding pass d.​ ‘LEO Flying Armed’ Form e.​ UFAN (8 character alphanumeric identifier) 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 & creds ​ ​ → 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 at least 24 hrs prior to flight, check in at least an hour before flight a.​ Include identity of prisoner, HR or LR, flight number of LEO & prisoner 2.​ Exceptions to Prisoner Transport = Voluntary Protective Escort/Non-violent detainees from ICE/ERO, or family of deportees under armed escort Procedures 1.​ Arrive at least one hr before departure 2.​ Only LEO can authorize food/beverage/utensils of P 3.​ Hands fully restrained → Leg shackles are not permitted 4.​ Sit between P & aisle 5.​ Board first, deplane last & sit @ back of plane ​ Types 1.​ High Risk a.​ Exceptional escape risk or convicted of violent crime b.​ No more than one HR per commercial aircraft unless auth by TSA c.​ 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 (> 4hr flight) 2692. Aircraft Countermeasures. EPO #1.Identify/Demonstrate Special Aircraft Jurisdiction of U.S. & Related Legal Authorities. 1.​ Special Aircraft Jurisdiction: a.​ From doors closing until after landing before doors open, the aircraft space = U.S. soil i.​ “From the moment all external doors are closed following boarding, through the moment when one external door is opened to allow passengers to leave the aircraft” b.​ If LEO flies armed to Frn Country w/o proper approval, LEO will be arrested upon arrival 2.​ Good Samaritan Act: a.​ Scoping statute* b.​ A FLEO is w/in scope of employment if they – i.​ protect an individ from a crime of violence ii.​ provide assistance if there is suffering/threat of serious bodily harm iii.​ prevent escape of individual reasonably believed to have committed a crime of violence 3.​ Aviation & Transportation Security Act (ATSA): a.​ Specific liability to anyone who attempts to thwart air piracy or crime of violence on board flight 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.​ Seat Locations (know other LEOs identity & seats) 2.​ Decision to Respond a.​ FAM presence​ ​ ​ d. Individual LEO training/capabilities b.​ Agency Policy/Procedure​ e. Legal authority c.​ Jurisdiction 3.​ Covert Deployment a.​ Establish POD inconspicuously, no verbal indication or deliberate scans, 360 security 4.​ Common Strategy a.​ Threat Levels → Level 1 (Verbal) ​ ​ ​ → Level 2 (Physical) ​ ​ ​ → Level 3 (Life-Threatening) ​ ​ ​ → Level 4 (Door) 5.​ Aircraft Countermeasures Tactical Statements: a.​ Mission = (1) Security of flight deck / (2) Integrity of aircraft / (3) Prevent weapon of mass destruction b.​ Principles = understand mission, act decisively (OODA Loop), use speed/surprise/UoF, keep it simple EPO #3. Identify/Demonstrate LEO Technical Response to Acts of Air Pracy or Crime of Violence. No FAMS: 1.​ Go @ own pace 2.​ Identify threat → Remove seat belt → Hands up in non-threatening manner → Discreet scans 3.​ Tactical Patience 4.​ Deliberate scans & Engage 5.​ Verbal Identification: “Police, Do not move” 6.​ “6 check” 7.​ Move to POD or POA in 3-5 seconds 8.​ Contact pilots → Incident on board, Police have it under control, request ETA to landing a.​ Gather cabin compliance if necessary b.​ 3 Exceptions to Leaving POD: i.​ FIRE, BANG, BOOM FAMS Present: 1.​ If one gun is out, all guns are out EPO #4. Identify/Demonstrate Procedures for Handling IED on Board a Commercial Aircraft. 1.​ Leave POD 2.​ Have Aircrew gain control over IED 3.​ Positive control of flight attendant w/ IED so they can safely bring it to LRBL 4.​ Once @ LRBL, clear atleast four rows of passengers 5.​ Use suitcases, wet blankets, & seat cushions to cover IED 6.​ LEO remains at new position w/ IED @ LRBL 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 ​ Propaganda & Violence = consistent concepts of terrorism * 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 – views or beliefs substantially outside society’s norms ​ Domestic Violent Extremists (Domestic) a.​ U.S. based radicalization w/o influence of an FTO b.​ “Mobilized” to support/conduct violent, illegal bhvr in furtherance of extremist ideology ​ Homegrown Violent Extremists (International Nexus/Ties) a.​ Person of any citizenship that lives or operates w/in U.S. b.​ Advocates, engages in, or prepares to further foreign terrorist orgs objectives c.​ Radicalization & Mobilization are done w/in the U.S. only ​ *SOFT TARGET : target rich enviros that lack any formalized security in-depth protocols ​ ​ ​ ​ → usually civ locations where large #’s of unarmed people gather ​ *HARD TARGET : locations that are heavily defended & not open to the public that have layers of protection/robust security measures Core Concepts – 1.​ Radical Ideology → idea that violence may be justifiable a.​ Factors: (1) Personal ​ ​ (2) Group (3) Sociopolitical (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 → interaction to influence an individual, same factors as radical ideology (a)​ grievance (b)​ ideation (2)​ Mobilization → acting, inciting, or using violence (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. Prevention – → Responsibilities a.​ Observe indicators b.​ Gather intel on potential threats (interagency collaboration) c.​ Identify Suspects d.​ Evidence collection Response – a.​ Reporting i.​ 4W’s (Who, What, When, Where) ii.​ Verbal if time sensitive iii.​ Suspicious Activity Report (SAR) Inv. Strategy – → counter terrorism strategy : direct actions taken against terrorist networks & indirect actions to infl/render global & regional environments inhospitable to terrorist networks 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 → (3) Stages 1.​ Motivation (phys/virtual actions that build, solidify, or communicate violent ideolog beliefs) 2.​ Preparation (can be acquiring skills that suggest an attack or travel) 3.​ Mobilization ( attack or travel is imminent) → (6) Indicators 1.​ Ideology (the justification of violence) 2.​ Intent (plans to commit) 3.​ Relationship (interactions w/ others) 4.​ Financial (moving/acquiring $ or resources) 5.​ Tactics (acquiring/developing skills) 6.​ Travel (transit to commit violence) → Terrorist Screen Center Handling Codes (TSC) a.​ Detect & prevent future attacks, manage watchlist, & document encounters b.​ Handling Codes provide means of future communication i.​ Code I - Possible Arrest (check for an AW & detain) ​ → Possible ties to terrorism *MOST SERIOUS* ii.​ Code II - Possible Immigration Violator (do not extend encounter or arrest/detain w/o approval) ​ → Possible ties to terrorism iii.​ Code III - Gather Information (do not arrest or detain unless evi of crime, don’t extend encounter) → Possible ties to terrorism *MOST COMMON* iv.​ Code IV - Gather Information (same as Code III) v.​ Code V - Gather Information (treat same as Code III/IV) → Possible ties to Transnational Organized Crime (TOC) *LEAST SERIOUS* ​ 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: an awareness of the environment through physical sensations & interpreted via experience a.​ Components – i.​ Observer (cult. bkgrd, personality, motivation, interests, state of mind, conscious, attentiveness) ii.​ Event itself (bright colors, unusual features, movement, tattoos/piercings, provocative tones) iii.​ Ambient Conditions (weather, illumination, background noises/events) b.​ Factors – -​ Stress: 1.​ Physical (fight/flight, heart & respiratory rate, HBP/LBP) 2.​ Psychological (perception of the stimulus > stimulus itself) 3.​ Acute (placed in a sudden, novel, unexpected but short terrifying/traumatic event) a.​ Behavioral Contagion i.​ “Monkey See, Monkey Do” b.​ Preservation of Action i.​ Repeated, ineffective behavior (pulling the trigger on a jammed gun) -​ 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 a.​ Separate witnesses to preserve integrity of witness testimony/perception 2.​ “Show Ups” a.​ In field identification 3.​ Line-Ups a.​ General & Similar i.​ People should match general description provided by W/V ii.​ Avoid making S stand out iii.​ Minimum of 6 individuals iv.​ Any action one does, all must do as well b.​ Simultaneous vs. Sequential 4.​ Neighborhood Canvas a.​ Can aid in finding more witnesses to crime/event b.​ Can lead to more corroboration of eyewitness evi 5.​ Statement Corroboration a.​ Photographs can corroborate W statements 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 that gov must prove: 1.​ Knowledge – a.​ D knew of overall plan/purpose of conspiracy b.​ D knew at least one other person in conspiracy 2.​ Intentionally – a.​ D intended to participate, even if they fail to show when the time comes b.​ D joined voluntarily w/ intent to help it succeed/further the plan i.​ Typically thru circumstantial evi ii.​ The conspiracy does not have to be possible, practical, or feasible to be charged EPO #4. Identify an Agreement & it’s F(x) According to 18 U.S.C. § 371 (Conspiracy). 1.​ Agree to – a.​ To violate a federal law OR b.​ Defraud the U.S. 2.​ When – a.​ First over act occurs b.​ Mere presence at the scene is not sufficient to establish agreement argument EPO #5. Identify the F(x) of an Overt Action in the Crime of Conspiracy. 1.​ F(x) – a.​ In furtherance of the agreement to complete the crime b.​ Movement from “thought” crime to “action” c.​ Agreement must happen before first overt act EPO #6. Identify the Limits of Withdrawal or Later Joiner’s Criminal Liability. Late Joiner – a.​ After first overt act, before termination of conspiracy b.​ Not responsible for actions before, but is for everything thereafter i.​ However, actions of co-conspirators before late joiner are admissible at their trial for context Withdrawal – a.​ Affirmative Act → something that = inconsistent w/ goals of conspiracy b.​ Communication → telling at least one other known conspirator or LE of withdrawal EPO #7. Identify & Apply Offenses under 18 U.S.C § 1028, the False ID Crime Control Act of 1982. (8) Offenses of 1028 (a): -​ Any interstate or foreign commerce connection is required for state issued docs -​ Any attempt to commit an offense = a violation 1.​ Production of false ID docs 2.​ Transfer of false ID docs 3.​ Possession of 5+ ID docs (Felony) 4.​ Possession of any false ID doc w/ intent to defraud US 5.​ Production, possession, or transfer of a document making implement 6.​ Possession of a stolen or unlawfully produced ID doc 7.​ Transfer, possession, or use of such a doc w/ intent to commit any crime 8.​ Traffic in false ID features EPO #8. Identify the Penalties That May Be Imposed Pursuant to Selected Provisions of 18 U.S.C §1028, the False ID Crime Control Act of 1982. Penalties of 1028 (b): 1.​ Stipulations a.​ The # & types of docs involved + type of lawful activity determines extent of penalty b.​ Attempt = violation c.​ Punishment inclues forfeiture to US of any personal property used or intended to be used to commit offense 2.​ Enhanced Penalties a.​ Facilitating domestic or international terrorism → fine, 30yr imprisonment, or both b.​ Facilitating drug trafficking or crime of violence → fine, 20yr imprisonment, or both 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 (person who commits 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 not enough, just know that they are helping the commission of a crime) iii.​ Affirmative act of association (assistance in the commission of a crime) d.​ Timing → actions only before or during commission of crime e.​ Perpetrator does not have to be caught, persecuted, or convicted of offense 3.​ 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 another to commit a crime does not need to know who it is, nor do they have to be present when the crime they caused/influenced is committed 4.​ 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 1.​ Thru committing, receiving, relieving, comforting, or assisting offender b.​ Timing i.​ Actions only after crime has been committed c.​ Felony or misdemeanor d.​ Silence is not enough i.​ Ex of AAF: redirecting police to wrong place, allowing hideout, helping fence stolen goods 5.​ 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 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) EPO #2. Identify Information Critical in Operational Planning for SW’s. *”It is better not to execute a SW than to proceed w/o proper planning”* 1.​ Plan around (5) essential elements 2.​ Conduct pre-warrant investigation a.​ Background & Surveillance & Team Selection 3.​ Prepare written warrant plan 4.​ Conduct pre-warrant briefing (every person present) 5.​ Schedule/Present post brief (“lessons learned”) EPO #3. Identify the Duties of the Entry, Cover, & Search Team and How They Carry Out These Duties. Entry Team​ ​ ​ ​ ​ Cover Team​ ​ Search Team 1.​ Control individuals encountered​ ​ 1. Prevent flight​ 1. Persons (consent/SIA) a.​ Make entry (knock & announce)​ 2. Provide protection​ 2. Vehicles (mobile conv. doctrine) b.​ Conduct security sweep​ ​ 3. Control arrivals​ 3. Premies (what warrant allows) c.​ Control occupants d.​ Make arrests if necessary EPO #4. Identify Proper Techniques for Confronting, Frisking/Searching, & Controlling Occupants + Ways to Offset False Accusations While Executing a SW. Frisking/Searching 1.​ Reasonable Suspicion 2.​ Presently Armed & Dangerous Controlling Occupants 1.​ Necessary to – prevent harm & prevent evi destruction 2.​ Handcuff if – belligerent bhvr, failing to follow lawful commands, degree of danger presented 3.​ Requests depend on team leader … use good judgement False Accusations 1.​ Destruction of property → use only amt of force necessary to gain entry/conduct search & photograph 2.​ Force → use only necessary & reasonable amt 3.​ Theft → money should be witnessed by 2nd officer & advice accuser of theft that an inv will open 4.​ Illegal arrest → handcuffs for control = justifiable (& a low standard) // ensure PC for arresting persons 5.​ Sexual misconduct → have F:F & M:M when possible, if no F:F available then have 2nd Officer present 6.​ Promises → avoid them