Federal Criminal Law Exam 5 Study Guide PDF

EXAM 5 STUDY GUIDE Federal Criminal Law EPO: Identify how many persons are needed to form a conspiracy. -​ Two or more people -​ At least two “genuine hearts beating as one” -​ People who don’t count toward two required parties -​ An undercover agent -​ A person wishing...

EXAM 5 STUDY GUIDE Federal Criminal Law EPO: Identify how many persons are needed to form a conspiracy. -​ Two or more people -​ At least two “genuine hearts beating as one” -​ People who don’t count toward two required parties -​ An undercover agent -​ A person wishing another “good luck” -​ Someone without the mental capacity EPO: Identify when knowledge and intent are sufficient to constitute a conspiracy. -​ The defendant must have: Knowledge -​ Must know of conspiracy’s existence and overall plan/purpose -​ Must know at least one other person involved -​ No requirement that the defendant know the identity, number, or role of all other co-conspirators -​ No requirement to know all the details of conspiracy -​ The defendant must have: Intent -​ Intent to participate in conspiracy to help it succeed -​ Voluntarily joins conspiracy -​ Showing the defendant was aware of the plan or that the defendant approved of the plan is not enough to show intent EPO: Identify an agreement and its functions according to provisions of Title 18 U.S.C. § 371. (Translation- what counts as an agreement to conspire) -​ An agreement to violate the law or defraud the US is criminal after an overt act occurs -​ An agreement does not to be formal, or put into words -​ Often established through circumstantial evidence -​ Individuals relationships to co-conspirators can help prove -​ Mere presence at the scene of agreement isn’t enough -​ Conspirators are criminally responsible for: -​ Reasonably foreseeable acts of any co-conspirator -​ Acts committed while they are members of a conspiracy -​ Acts in furtherance of the overall plan -​ ^Known as Vicarious liability EPO: Identify the function of an overt act in the crime of conspiracy. -​ Movement from a thought of a crime to an action -​ Overt act = any act done to help the crime  -​ Must be committed by a member of conspiracy after the agreement is made -​ One act by one member is enough to create a conspiracy -​ An overt act does not need to be criminal (buying a skii mask) EPO: Identify the limits of the withdrawer's or late joiner's criminal liability. -​ Late joiners: -​ Anyone who joins after conspiracy has begun but before it ends -​ Do not need to commit an overt act, one has already been done (they are just hopping on the train) -​ Criminally responsible for acts that happen after they join -​ Acts done before individual joins can be included in their trial for context -​ Withdrawal: -​ Requires an affirmative act inconsistent with the goals of the conspiracy -​ The affirmative act must be communicated to a co-conspirator or the police -​ Good withdrawal: The individual takes guns from co-conspirators stash and calls the police -​ Bad withdrawal: Individual leaves their lookout post and goes home without saying anything -​ Individual is not responsible for crimes that happen after they withdraw -​ May still be charged with conspiracy if they were involved anytime after overt act took place -​ Withdrawal is an affirmative defense- the burden of proof is on the defendant EPO: Identify and apply the elements of 18 U.S.C. § 641. -​ Elements of Theft: -​ Defendant voluntarily, intentionally, knowingly -​ Stole property belonging to the US -​ With intent to deprive the US of the use/benefit of that property -​ EXAMPLE: -​ A government employment takes a US gov car. They paint it another color and scratch off the VIN. The defendant is guilty of theft because they knowingly stole gov property, depriving the gov of the cars use. The prosecution could use the fact the defendant painted it to prove intent. -​ Elements of Embezzlement: -​ Defendant knowingly and intentionally -​ Taking property they initially had lawful access to, but takes it with intent to deprive the owner of it’s use -​ EXAMPLE: -​ Postal employee is responsible for depositing cash receipts into government account. One day they pocket the money for their personal  use. The employee had lawful authority to have the receipts, but then takes one past their lawful duties -​ Elements of Conversion: -​ Defendant knowingly, intentionally -​ Covereted property belonging to the US with intent to deprive US -​ Converted = initially had lawful access to property, but misused it for your own use -​ EXAMPLE: -​ You have a gov car to drive to and from interview. On your way back to the office you stop by the grocery store, get a pedicure, and pick up some zyns. You go back to the office and return the car. -​ Elements Recipt of stolen property: -​ Defendant knowingly and internationally -​ Recieved stolen, embezzled, or converted property belonging to the US -​ Knowing the property was obtained illegally -​ With intent to deprive the US of use of property -​ EXAMPLE: -​ A gov employee steals a gov computer. They bring it to a friend to try to sell it. When the friend asks where it came from, the employee admitts she stole it. The friend says they will buy it anyway. The employee is guilty of theft, the friend is guilty of recipt of stolen property. EPO: Identify and apply selected offenses under 18 U.S.C. §1028, the False Identification Crime Control Act of 1982 -​ Anyone who ______ knowingly and without lawful authority is in violation of USC 1028 -​ SUMMARY: Knowingly has, transfers, makes a fake ID -​ Produces fake ID -​ Transfers fake ID -​ Possesses 5 or more fake IDs -​ Possesses fake IDs with intent to defraud -​ Production, possession or transfer of fake ID making device -​ Posesses a stolen or fake ID -​ Transfer, possession or use of fake ID to commit illegal act -​ Trafficing fake IDs -​ ANY attempt to perform an offense is also a violation EPO: Identify the penalties that may be imposed pursuant to selected provisions of 18 U.S.C. §1028, the False Identification Crime Control Act of 1982. -​ Range from felony to misdemeanor based on type of documents and unlawful activity -​ Enhanced penalties  -​ Fine and imprisonment for up to 30 years if offense is facilitating terrorism -​ Fine and imprisonment for up to 20 years if committed to facilitate a drug trafficing crime or crime of violence EPO: Identify and apply the elements of the National Stolen Property Act, Title 18 U.S.C. Section 2314. EPO: Identify when a person may be prosecuted for assisting another in the commission of a crime, in accordance with Title 18 U.S.C. §§ 2-4. EPO: Identify and apply the elements of the Mail Fraud statute, Title 18 U.S.C. § 1341 and the Wire Fraud Statute, Title 18 U.S.C. § 1343. Federal Court Procedures: EPO: Identify the structure and functions of the Federal court system, and the duties of U.S. Federal District Court and Magistrate Court Judges. -​ Circuit court: -​ One step below supreme -​ 11 circuits + DC circuit + Federal circuit = 13 total -​ Doesn't do trials- these are appellate courts only (hears appeals from the district) -​ District courts: -​ 94 districts across country -​ Presidentially nominated, confirmed by Senate -​ Are the only courts with power to conduct criminal trials in felony cases -​ Mag courts: -​ Appointed by District Courts 4-8 year terms -​ Try petty offenses- Class B and C misdemeanors and infractions -​ Can try Class A misdemeanors with defendant's consent -​ Do not have the power to conduct felony trials -​ Often issue criminal complaints, warrants, preside over initial appearance and prelim hearings -​ Can be delegated roles in felony trials, like taking the plea or post trial hearings EPO: Identify and/or demonstrate how the defense obtains information from the government that can be used in trial and for other purposes -​ Brady Doctrine: -​ Requires government to tell the defense any exculpatory (favorable) evidence they are aware of -​ Evidence that may cast doubt on the defendant's guilt, or lessen their punishment  -​ Defense does not need to request this information -​ Giglio: -​ Requires government to disclose info that tends to impeach a government witness -​ Past criminal history -​ Evidence of lies or bias -​ Jenks Act and Federal Rule 26.2 -​ Requires government to give defense prior statements made by witnesses -​ Allows the defense to effectively cross examine the witness -​ Usually, the gov gives defense the statements well before the trial begins to avoid delays -​ EXAMPLE: Testimony of a Witness’s at a Grand Jury -​ Federal Rule 16 -​ Statements made by the defendant that are relevant to the case -​ Oral statements the defendant made to a known government agent -​ Defendants prior criminal record -​ Scientific tests relevant to the case EPO: Identify the documents required to formally accuse a defendant. -​ Violation notice/citation: -​ Class B/C, Infraction -​ Charge with a petty offense -​ Traffic ticket -​ Criminal complaint: -​ Class A/B/C -​ Initiates a formal criminal processing for any type of crime -​ Written by LEO -​ Defendants charged with criminal complaint are entitled to a prelim hearing -​ Need Prelim to validate PC because sometimes Crim complaint does not establish PC well -​ Not preferred method to charge -​ Criminal information: -​ Felony (with waiver), Class A/B/C -​ Written by AUSA -​ Includes more details than Crim Complaint, like specific statutes and elements -​ Can charge infractions, A ,B ,C misdemeanors with Crim Information -​ Can not charge a felony with Crim Information unless defendant waives their right to a Grand Jury indictment -​ Criminal Indictment -​ Capital Felony (not waivable), Felony (can waive) -​ Very similar to a Crim Information except its done by a Grand Jury  -​ Need 12 GJmembers to find PC to approve -​ The Government needs a GJ indictment to take a felony to trial unless waived -​ They can initiate a prosecution with a Crim Complaint, but eventually need a GJ indictment -​ Defendant can’t waive GJ Indictment if felony is a Capital Felony (death penalty is a potential punishment) EPO: Identify the methods of causing a defendant to appear before a US Magistrate Judge. -​ Warrantless Arrest: -​ When LEO has PC for a felony, or misdemeanor was committed in their presence -​ Defendant has right to know charges- officer must prepare a criminal complaint before the initial appearance -​ Arrest w/ Warrant -​ Criminal Complaint- Officer writes a Crim Complaint, swears to it and requests an arrest warrant from Mag Judge -​ Information- AUSA filed an information, officer presents it to a Mag Judge and requests an arrest warrant -​ Indictment- Defendant has been indicted by GJ, the court clerk will get indictment and issue arrest warrant -​ Appearance on Summons -​ Instead of an arrest warrant via three options listed above, officers can get a summons to direct defendant to appear in court for initial appearance EPO: Identify the procedures when the defendant is arrested in a district other than where the crime occurred, and the purpose of a removal and identity hearing. -​ If arrested in same district as crime- initial appearance in that district -​ If arrested in different district than crime- the defendant may have an initial appearance in a district: -​ Where they were arrested -​ An adjacent district if -​ Initial appearance can happen more quickly -​ The crime was committed in that adjacent district, and the initial appearance can happen on the same day -​ Identity hearing- Judge verifies the defendant is the same person listed on arrest warrant -​ If the person won’t admit their true name witnesses can be called -​ Removal hearing- when defendant needs to be moved to district where crime occurred -​ If the defendant was arrested without a warrant in another district, officers must get a warrant from the district the crime occured in EPO: Identify the proper procedures to follow immediately after arrest and the purpose of, and procedure at, the initial appearance and detention hearing. -​ Immediately after arrest an officer must: -​ Book defendant- finger prints, photos, search -​ Transport defendant to a federally approved facility -​ Notify the Pretrial Services Office of arrest and location of defendant -​ Prepare a Crim Compliant, Information, or Indictment if arrested w/o a warrant -​ Defendant has the right to see Mag Judge without un-necessary delay -​ 6 hours is a safe zone, but can be extended if extensive travel is necessary -​ Failure to bring defendant before Mag Judge quickly can mean statements given during that time may be suppressed -​ EXAMPLES: -​ If defendant needs to go to the emergency room, the delay is reasonable and statements wont be suppressed. -​ If officers delay Initial hearing to interview defendant longer their statements may be suppressed -​ Purpose/procedure of Initial Hearing: -​ Inform the defendant of the charges -​ Inform them of their procedural rights at the upcoming trial -​ Read them rights, discuss lawyer, statement if defendant wants -​ Possibly set bail and consider pre-trial release -​ Purpose/procedure of Detention Hearing: -​ Decide if defendant gets Pre-trial release, or is detained -​ Most cases get bond with some conditions -​ Bond may not be an option if government can prove defendant is a flight risk/danger -​ Pretrial services Interview- determines financial status and makes a recommendation to Judge -​ Defendant can make a statement, call witnesses, and be represented by a lawyer -​ Judge’s options- -​ Release defendant on their own recognizance (let em go!) -​ Release on conditions- may include bail -​ Conduct a detention hearing to hear both sides -​ Temporarily detain defendant until detention hearing can be held EPO: Identify the requirement for, and the procedures at, the preliminary hearing and arraignment. -​ Prelim hearing- proceeding where government has to produce evidence that will show the court the defendant was arrested based on PC -​ Defendant is intitled to a prelim hearing for Felony’s and Class A misdemeanors  -​ Unless they waive their right -​ Unless they have already been indicted (GJ already established PC) -​ Unless the government dismisses the case on its own -​ Must be held within 14 days of initial appearance if defendant is detained, 21 days if defendant if defendant is released from custody -​ Arraignment- Purpose of the arraignment is to: -​ Ensure the defendnat has a copy of the indictment/information -​ Read the defendant their charges and/or advise the defendant of the substance of the document -​ Defendant can enter a plea EPO: Identify the function and purpose of the grand jury. -​ Independent body that returns indictments -​ Need GJ indictment for any infamous or capital felony -​ GJ can also investigate crimes within its district -​ If GJ finds PC it may return an indictment naming a person a defendant -​ May not investigate civil matters -​ Once an indictment has been returned the power of the GJ to investigate ends -​ Grand Jurors are selected by random by District Judge, 16-23 Jurors (12 is the threshhold for PC) , 18 month sitting -​ AUSA presents evidence to GJ privately, no defendants or their lawyers present, only Jurors are present when voting EPO: Identify the types and uses of grand jury subpoenas. -​ Common items sought by GJ subpoenas -​ Corprate records, apartment lease, phone records, bank or credit card, shipping records from interstate carriers -​ Ad Testificandum- commands the appearance of a witness to testify -​ Duces Tecum- commands the person to produce specific items (books, papers, data, objects, documents) in the subpoena and to testify about them EPO: Identify the rules governing the secrecy of proceedings of the grand jury, the limited dissemination of grand jury information, and the law enforcement officer's responsibilities regarding the use of grand jury material. -​ Federal rule 6e- dictates who must keep GJ matters a secret -​ LEOs, government agents, GJ members, AUSA -​ Private citizens are not on 6e and therefor may speak about their testimony -​ These groups can have access to GJ matters: -​ LEOs or other AUSA’s- for the purpose of enforcing federal criminal law -​ Another GJ- if it is useful to their investigation  -​ The defense- the testimony of a witness who will later testify at trial will go to the defense under the Jenks Act EPO: Identify the proper procedure to follow in notifying a foreign national's consular representative when a criminal incident involves the arrest of a foreign national. -​ Vienna Convention on Consular Relations- established procedures for how to handle arrested foreign nationals -​ Basic Rule- If nation is not on the mandatory notification list: -​ the foreign national who is arrested/detained must be notified of rights to access their consulate -​ If they want their consulate to be notified, the responsible officer must contact nearest consulate without delay -​ Special Rule- If the Nation is on the mandatory notification list: -​ Must notify consulate when foreign national is arrested regardless of that individuals wishes EPO: Identify the proper procedure to follow when a criminal incident involves a diplomat or Congressperson and the proper procedure after the arrest of a juvenile. -​ Diplomat -​ Are not subject to the jurisdiction of the US courts either for official or (mostly) personal activities, and should not be arrested no matter the crime -​ Verify their status by calling the Department of State at the Diplomatic Security Command Center (DSCC) -​ After verifying status- do not arrest, investigate and prep report, don’t handcuff unless absolutely necessary, don’t search unless necessary -​ Congress person -​ Members of Congress are privileged from arrest while Congress is in session and while attending, or going to and from sessions -​ Exceptions: may be arrested for a felony breach of the peace (a fluid term that usually involves a violent act) -​ Juvenile -​ Immediately notify of Miranda rights in words they will understand -​ Notify parents/ guardians and AUSA of arrest and charges -​ Take juvinille to Mag judge “forthwith” (faster than without unnecessary delay) -​ Don’t make a media release/ talk to the press EPO: Identify the responsibilities of the Federal law enforcement officer to liaison with the United States Probation Office in preparing a presentencing report. -​ LEO may be asked to provide info to Probation Officer -​ Basically:  -​ Comply, make info available, work with them The Description and Identification Process EPO: Identify investigative techniques that aid the law enforcement officer in the description and identification process. -​ General good practices: -​ Separate witnesses to avoid group pressure -​ Test witnesses eye sight and hearing by asking specific questions -​ Conduct a neighborhood canvas to find witnesses and victims after a crime -​ Photo line up requirements- generally similar looking people, dressed in the same way, no one person sticks out -​ Show up identifications- not best practice unless conducted soon after incident EPO: Identify the physical and psychological factors that can influence an individual's perception of a person, place or thing. -​ Three requirements to witness something- Physically present, conscious, attentive to the event -​ Circumstantial conditions- Things you would notice over others -​ Bright colors, unusual vehicles, unusual attire/tattoos/piercings/ moving objects/change in activity level/ anything sexual in nature -​ Ambient conditions- The environment, weather, illumination, background noise -​ Stress impacts perception- Physical/ acute/ psychological stress -​ Physical stress doesn’t impact the rational mind as much as other types -​ Seeing is the most reliable sense, then hearing -​ Vantage points- angles that create distortions in seeing Terrorism EPO: Identify the core concepts of violent extremism and targeted violence for criminal investigators. -​ Terrorism - An activity that involves a violent act or an act dangerous to human life, property, or infrastructure and appears to be intended to: -​ Intimidate/coerce a civilian population -​ Influence policy of a government by intimidation/coercion -​ Affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking -​ Targeted Violence- goal-directed, predatory, and focused criminal acts taken against a specific individual or group -​ Often lack specific political or ideological motive -​ Different from terrorism because of intent -​ Extremism- Views or beliefs substantially outside society’s norm  -​ Extremists are not in legal jeopardy unless they actively plan to carry out an act of violence -​ FTO- Foreign terrorist org -​ Two or more people based in foreign country who engage in terrorist activities -​ Designated on FTO list by US Dept. of State -​ FTO designation impacts travel, and makes it a crime to provide material support to FTO -​ Homegrown violent Extremist -​ A person from anywhere who operates in the US, who engages w/, advocates for, or supports a FTO -​ Domestic violent extremists -​ US bases individual who has radicalized to a domestically held extremist belief without influence from an FTO -​ Pathway to Violence Overview: -​ Phase I- Radicalization -​ Grievance -​ Ideation -​ 4 factors: Personal, group, sociopolitical, and ideological -​ Phase II- Mobilization -​ Research and planning -​ Preparation -​ Probing and breaching -​ Attack -​ Common targets: -​ Soft targets- target rich environments that lack formalized in-depth security protocols (train stations, restaurants) -​ Hard targets- locations heavily defended (military base, training areas) EPO: Identify the Criminal Investigator’s responsibilities towards prevention, response, and investigative strategy when involved with potential terrorism or targeted mass violence activity. -​ Counterterrorism strategy- Direct and indirect actions taken against terrorist networks to influence global environments to be inhospitable to terrorist networks -​ FBI leads this offensive -​ Joint Terrorism Task Force - a recognized environment where federal and local LEOs investigate and disrupt terrorist threats and pursue perpetrators -​ Be proactive in establishing contact and familiarity with JTTF agents and Task force officers -​ Anti-terrorism strategy- Defensive measures used to reduce the vulnerability of individuals and property to terrorist acts -​ Largely a DHS mission- strengthen borders, infrastructure, cyberspace  -​ Center for Prevention Programs and Partnerships (CP3) -​ Addresses root cause of violent extremism by providing resources to communities to build local prevention efforts -​ Cybersecurity & Infrastructure Security Agency (CISA) -​ Works with partners to defend and build more secure infrastructure -​ Terrorist Screening Center (TSC): Handling codes -​ Made to detect and prevent future attacks by documenting and reporting encounters -​ Code I- The worst, possible arrest if federal warrant exists, immediately report contact with TSC -​ Code II- possible immigration violator, contact TSC -​ Code III- Most common, gather information, don’t extend duration of the encounter to contact TSC, call after the encounter -​ Code IV- Gather information, call after encounter -​ Code V- Gather information, call after encounter Aircraft Counter Measures EPO: Identify and/or demonstrate the Special Aircraft Jurisdiction of the United States and related legal authorities. -​ Special aircraft jurisdiction of the US -​ Covers crims on board an aircraft after all external doors are closed following boarding through the moment an external door is opened to allow passengers out -​ Federal Good Samaritan Act -​ Scoping statute -​ LEO is in the scope of employment if they act to protect an individual from serious bodily harm, provide first aid after a crime, prevent escape of individual -​ Aviation and Transportation Security Act (ATSA) -​ Protection from liability -​ No liability to LEO who attempts to stop an act of aircraft piracy or crime of violence on an aircraft -​ No specific grant of authority to state, local, tribal, or territorial LEOs while in flight -​ Pilot in charge (PIC)- runs plane, landing, diversions -​ Also in charge of Crewmembers -​ FAMs have exclusive jurisdiction to direct LEOs and their activity -​ Authority co-exists with PIC EPO: Identify and/or demonstrate LEO considerations for taking action during an act of air piracy or a crime of violence on board a commercial aircraft in flight. -​ LEOs are required to know the identity and seat location of all other armed personnel -​ LEOs decision to respond is based on the context of event  -​ Covert deployment- inconspicuous movement toward the forward area of the aircraft, no verbal ID or scans -​ Common Strategy- Threat Levels -​ Level 1: Verbal -​ Disruptive, suspicious, or threatening behavior -​ Cabin crew will resolve situation -​ Level 2: Physical -​ Kicking, pushing, hitting, grabbing -​ Cabin crew will resolve and ask other passengers to assist -​ Level 3: Life-threatening -​ Imminent threat of serious bodily harm -​ Display of weapon, credible bomb threat, threat of hijacking -​ Cabin crew will summon LEOs -​ Emergency declared, landing at nearest airport -​ Level 4: Attack on Flight Door -​ Any attempt or actual breach on flight deck door -​ Even if just using hands, even if no weapons present -​ Flight deck door is number one priority -​ Emergency declared, landing at nearest airport -​ Within 20 minutes if continental US -​ Aircraft Countermeasures mission statement -​ Ensure security of flight deck -​ Ensure integrity of aircraft -​ Do not allow aircraft to be used as a steerable weapon -​ Aircraft Countermeasures Principles -​ Understand the mission -​ Act decisively -​ Utilize speed, surprise, use of force -​ Keep it simple EPO: Identify and/or demonstrate LEO tactical response to an act of air piracy or crime of violence. -​ ID threat, remove seatbelt, blend in with hands up, discreet scans for additional threats, draw out firearm discreetly and engage using tactical patience, deliberate scans, verbal identification, aisle 6 check, move in span of 3-5 seconds -​ Position of Dominance (POD)- Only one POD in aircraft, back to flight deck door -​ Position of Advantage (POA)- many POAs, back against skin of aircraft, back of aircraft EPO: Identify and/or demonstrate procedures for handling Improvised Explosive Devices (IED) on board a commercial aircraft.  -​ Exigent Circumstances -​ Situations that pose an imminent danger to the integrity of aircraft and require immediate response from LEO -​ Fire, Bang, Boom -​ Least Risk Bomb Locations (LRBL) -​ Bring IED to the back of the plane using positive control of the crew member -​ Move at least 4 rows of people forward -​ Crewmembers will place sear cushions and luggage around LRBL to direct blast outward TSA Regulations for Flying Armed EPO: Identify the regulations and procedures pertaining to law enforcement officers flying armed while in the non-sterile areas of the airport. -​ Requirements to fly armed -​ Full time Fed, authorized by agency policy to carry and fly armed -​ No consuming alcohol within 8 hours of flight, or on flight :| -​ Must check in at least 1 hour before with ticket agent, with creds -​ If you must put weapon in checked bag: -​ Hard sided locked container, unloaded, declare weapon at ticket counter -​ Can’t carry OC, tear gas ect -​ Can carry taser, stun guns -​ It is the LEOs responsibility to know international laws dictating their carry of a weapon -​ Armed LEOs escorting a prisoner must: -​ Notify aircrew at least 24 hourss in advance -​ Have 2 officers for every one high risk prisoner -​ Have 1 officer for every low risk prisoner -​ Be seated between the prisoner and aisle EPO: Identify the regulations and procedures pertaining to law enforcement officers flying armed while in the sterile areas of the airport. -​ Generally armed LEOs will use “known crewmembers” lane -​ Officers will present TSA with: -​ Credentials, second form of ID, boarding pass, Notice of LEO flying armed (paperwork) and a Unique Federal Agency Number (8 character agency specific number changed regularly) -​ Must sign LEO logbook -​ LEOs should be discreet while in sterile area -​ When at gate, LEO must identify themselves to gate agent and discuss when to board -​ Ask gate agent if there is anyone else flying armed EPO: Identify the regulations and procedures for armed law enforcement officers on board the aircraft and while escorting prisoners. -​ Once boarded show paperwork to aircrew and Identify yourself to PIC -​ Must maintain complete control of weapon and keep it concealed -​ Prisoner rules: -​ No food/drink, metal utensils unless authorized by LEO -​ No alcoholic beverages Execution of Search Warrant EPO: Identify information critical in operational planning for search warrants. EPO: Identify proper techniques for confronting, frisking/searching and controlling occupants and ways to offset false accusations while executing a search warrant. EPO: Identify the duties of the entry team, cover team and search team and means of carrying out these duties. EPO: Identify the five essential elements in executing a search warrant.