Exam 3 Federal Criminal Law PDF

Exam 3 1091. Federal Criminal Law EPO #1. Identify & Apply the Elements of Title 18 U.S.C. § 1001 (False Statements). 1. Regarding certain Federal matters a. If it relates to something Fed LEOs do b. On or w/in jurisdiction of any U.S. branch i. statements/r...

Exam 3 1091. Federal Criminal Law EPO #1. Identify & Apply the Elements of Title 18 U.S.C. § 1001 (False Statements). 1. Regarding certain Federal matters a. If it relates to something Fed LEOs do b. On or w/in jurisdiction of any U.S. branch i. statements/representation made in civil, crim, & admin investigations ii. regulatory/administrative activities iii. Vouchers or legal documents - *Not incl. → statements made to parties in ct proceedings - In response to informal inquiries by legislative branch (Congress behind closed doors) 2. Knowingly & Willfully a. Attempt must be to deceive or mislead 3. Materiality → changed or could have changed the nature of investigation a. Makes a material false statement, or b. Conceals or covers up a material fact, or c. Makes or uses a document using false material i. “Exculpatory No” ≠ 5th Amendment vio 1. Did the agency act/rely on information? / False report of a crime / Lying in an interview ii. No required to be made under oath EPO #2. Identify When an Inducement by the Government is Permitted or Prohibited. EPO #3. Identify When a Predisposition Negates an Apparent Entrapment Defense. (EPO #2&3 are answered here) ENTRAPMENT: the government cannot induce a person to commit a crime for the purpose of prosecuting that individual → “Entrapment Defense” = The government induced an individ. to commit a crime they did not contemplate prior to interaction - Jury decides entrapment - Government has burden of proof on S predisposition → Therefore, gov cannot: originate a criminal design : implant a disposition for crime in an innocent person’s mind : induce the commission of the crime → aka entrapment only occurs when criminal conduct is product of government activity → Elements: 1. Government Inducement - Soliciting, suggesting, initiating, or proposing - In a way that an innocent person would commit an offense a. Permitted Methods: Decoys / Deception → Private individuals / citizens → Payments of a rsnbl amount → Providing opportunity to defendant → Assistance in facilitating commission of a crime (providing equip+supplies) b. Prohibited Methods: using informants, CI’s, cooperative witnesses (any gov actor) - under the direction of the government*** → Overzealous appeal to vulnerabilities /emotion → Excessive financial incentive → Threats/Coercion to elicit duress → Continuous pressure (badgering/harassment) → Violent demonstrations  2. Predisposition - S is presently ready & willing to commit the crime a. Methods of Proving Predispo: Statements made before, during, & after inducement i. Similar/Prior Bhvr (previous arrests, convictions, or similar crimes) ii. Readily response to criminal offer iii. What they indicate thereafter (“When can we do ‘X’ again?) b. Evidence of Predispo: (1) Statements (5) Already has contraband/tools (2) Character/Reputation (6) Prior similar crimes (3) Motive (7)Acceptance of offer for final ingredient (4) Eagerness/Readily acceptance c. No Predispo if: extreme appeals to emotion, offering excessive amts of $, & threats EPO #4. Identify & Apply the Elements of Title 18 U.S.C. § 844 (Possession of a Controlled Substance). Elements: 1. Knowingly & Intentionally a. Prove Knowledge (through words, acts, or omissions) 2. Possessed a. Person is aware of conduct & nature, therefore, does no act through ignorance, mistake, or accident i. Willful blindness ≠ relief from charges ii. Statements made by S can aid in proving knowledge b. Knowledge & Nature of Possessed substance i. Gov only has to prove that S knew substance was controlled (particularity does not matter) c. Intentional & Constructed (ability to control) i. Trunk of car, S house → Totality of Circumstances ii. Joint Possession (consider the ability to control) 1. Ownership of car, house, bag/backpack 2. Proximity (w/in sight, smell, etc.) iii. Automobile 1. If owner of vehicle as concealed the drug w/in → conclude owner possesses it 3. A Controlled Substance 4. Unlawfully (w/o Authority) EPO #5. Identify & Apply the Elements of Title 18 U.S.C. § 841 (Manufacture/Distro of a Controlled Substance). - Penalties for § 841 vary based upon amount & type of drug involved - Proven through circumstantial evidence ex. Words, acts, omissions, packaging materials, method of packaging, scales, quality, value, purity, cash, etc. - Elements: 1. Knowingly & Willingly 2. Distributed a. Or intended to Manufacture, Distribute, Dispense, Possess, or Transfer i. Growing is considered manufacturing for plant-based drugs ii. Possessing specific chemicals, tools, ingredients 1. Disro = a felony no matter amount in possession 3. A Controlled Substance 4. Unlawfully (w/o Authority) 2180. Drug Recognition EPO #1. Identify the 3 Pharmacological Classifications of Drugs of Abuse. 1. Depressants 2. Hallucinogens 3. Stimulants EPO #2. Identify the Primary Narcotic & Non-Narcotic Substances w/in the Depressant Classification of Drugs. Narcotics – 1. Heroin (Smells like vinegar // Most expensive to least = white/tan/gray, brown, black tar // “The nod”) 2. Oxycodone 5. Codeine 3. Methadone 6. Demerol 4. Morphine 7. Dilaudid Non-Narcotics – 1. Tranquilizers 2. Alcohol 3. Barbiturates (effects are similar to alc w/o the smell) EPO #3. Identify 2 Categories w/in the Stimulant Classification of Drugs of Abuse. #1. Amphetamine #2. Cocaine - Methamphetamine (“ice”) - Base (“crack”) - HCl EPO #4. Identify 5 Drugs w/in the Hallucinogenic Classification of Drugs of Abuse. 1. Marijuana 2. Psychedelic Mushrooms 3. Peyote 4. LSD 5. PCP 2207. Recognition of Clandestine Labs EPO #1. Recognize the Types of Clandestine Labs. #1. Red Phosphorus #2. Birch Reduction/Nazi EPO #2. Identify Chemicals Used in the Manufacture of Methamphetamine. *Precursors: Ephedrine/Pseudoephedrine (cold medicine) → Solvents: (1) Brake Cleaner (2) Acetone (3) Camp fuel #1. Red Phosphorus - Sources = Matches (striker plates) or Road flares - P + Iodine = Hydriotic acid #2. Birch Reduction/Nazi - Anhydrous Ammonia i. Lithium (from batteries) ii. Typically stored in propane tanks EPO #3. Identify COA’s When a Clandestine Lab is Discovered. ****Evaluate Totality of Circumstances 1. Stop immediately a. Do not touch or sniff/smell anything 2. Distance Yourself a. Evacuate to safety, get others out of there, & secure perimeter b. Try to go upwind 3. Notify the proper authorities a. Clan Lab Team or Local Drug Unit 8004. OleoResin Capsicum (OC) Spray EPO #1. Identify the Characteristics, Effects, 1st Aid, & Post Exposure Treatment Regarding OC Spray. Characteristics – OLEORESIN: viscous derivative of plant life CAPSICUM: tropical plant for flavor, an irritant in medical field → most common pepper plant OC: Vegetable Product – typically derivative of cayenne plant : Not a chemical agent - Solvents/Carriers = Fog, Cone, Stream, Gel Effects – - Eyes → spasmodic closure, irritation, tears, twitching, red for up to 45 mins - Respiratory System → inflammation, coughing, shortness of breath, gagging, ab. 45 mins to recover - Skin → discoloration, irritation to skin and mucous membranes start running, intense burning First Aid — - ***Only when scene is safe & secure - Duty to render aid in custody Post Exposure — - Cool water to open eyes - Wind/Breeze in face - Approx. 15-45 min recovery time EPO #2. Identify Tactical, Transportation, & UoF Considerations Concerning OC Spray. Tactical – High Ready, Low Ready, Aimed In Position Transportation – Deploy up to 15 feet UoF Considerations – Not a compliance tool 🙂 Intermediary Force Try not to spray yourself 1211. Fourth Amendment EPO #1. Identify Those Officials Who Have the Authority to Issue Fed SW’s. Federal Judges → Magistrate Judges, District Judges, Court of Appeals, SCOTUS, State Ct Judge (of Records) 1. Neutral and Detached a. No personal stake in outcome OR financial interest 2. Jurisdiction (Districts) a. Within = person/property located in district b. Outside = warrant properly issued when person/property was in district but moved b4 execution c. Terrorism = whatever activities of terrorism may have occurred w/in district(warrant can be for any prop in/out of district) d. Stored Wire/E-Comms = Allowed if Judge has jurisdiction over the offense i. However, stored data requires warrants issued in district where data physically is ii. Emails/Attachments vs. Hardware/CDs/Physical Drives e. Tracking Devices = device installed in district can track movement anywhere thereafter (Jones) EPO #2. Identify the Components of an Affidavit for a SW. 1. Particular Crime a. Facts showing a required Nexus i. A connection between evidence ←&→ location of search  ii. Specific crime(s), Specific item(s), Specific location(s) at this particular point in time iii. Time sensitive & “staleness” (type of crime, nature of CEFI, locations changing…all = factors) b. Anticipatory SW’s i. “Triggering Event” 2. Particular Places/Persons a. Practical Accuracy = a reasonable LEO could blindly use SW to identify (persons, vehicles, dwellings) *** “a technically incorrect address will NOT automatically invalidate a SW, as long as the remainder of the description is sufficient…” 3. Particular Things/Persons to be Seized a. General searches are unconstitutional i. Limits LEO discretion ii. Informs S of what items LEOs are entitled to take iii. Defines lawful scope b. Plain View Doctrine i. CEFI is fair game ii. Plain View will NOT expand scope of search (can use CEFI to build PC for a new SW) EPO #3. Identify circumstances when a telephonic SW should be obtained. Used When → impending/looming exigency where the regular process = ineffective/damaging to inv → only Fed Judges can approve Limit → only available from a Federal Judge EPO #4. Identify the Legal Requirements for Executing a SW (Ex. Authority to Execute, Time of Entry, Method of Entry, Locations on Premises Which May Be Searched, Duration of the Search, & Inventory). - Authority to Execute a. Authorized LEOs, State/Local LEOs (at discretion of Fed), Private Citizens (to aid gov in niche expertise) b. NOT the approving judge c. Expires after 14 days - Time of Entry a. As soon warrant is signed b. Daytime execution: 0600-2200 c. Nighttime execution: 2201-0559 i. Requires an addendum & additional approval if considering this option - Method of Entry a. Knock & Announce - Location on Premises a. Wherever depicted on warrant b. Premises itself, Structures & Outbuildings & vehicles w/in curtilage, Open/Closed Containers - Duration of Search a. However long is reasonably necessary b. “You’re done when you’re done” c. Search must be reasonable, continuous, & ongoing d. Finished when all of scope has been searched or all items listed were seized - Inventory a. Verified and sworn into w/ another LEO or credible witness EPO #5. Identify Circumstances when an Inspection is Permitted for Real & Personal Property. SCOTUS: If – general regulatory scheme furthers an administrative purpose  Then – no particularized suspicion needed to search/inspect [So long as: Inspector discretion is limited & not a subterfuge to circumvent 4th A in crim prosecution] Types: 1. Sobriety/Driver’s License/Registration checkpoints 2. Checkpoints for information 3. Inspection to assess compliance w/ regulatory scheme 4. Airports & Sensitive Gov Facilities a. Rationale: Substantial gov interest regulating ppl & items in/out of U.S. i. People present themselves for entry willingly b. Nature: w/o any reasonable suspicion, officials can briefly detain, inspect, examine, & empty c. Security Checkpoints i. Search only applies to those attempting entry into secure areas ii. “Point of No Return” 1. Person has the right not to enter 2. Once searching process begins, person no longer has right to step away 5. Border Searches a. In General i. ↓ REP @ borders b. Border Intrusions i. Routine 1. Scope: brief detainment, have vehicles/luggage opened + visually search, & asked to remove coats/empty pockets 2. Basis: No suspicion that law is being vio’d allowed ii. Non-Routine 1. Scope: full strip search, X-Ray of body, searching body cavities, disassembly of vehicles/belongings, partial destruction of effects, drilling holes, lengthy detentions 2. Basis: Must have a rsnbl suspicion c. Geographic Limits of Border i. Actual = US/Mexico, US/Canada, sea ports, airports ii. F(x)’l Equivalent = international airports & seaports - rsnbl sus that a nexus between person/obj & criminal activity involved iii. Extended = LEOs following smugglers from border to their in-country rendezvous pt EPO #6. Identify Circumstances in Which Persons on the Premises May or May Not be Search for Evidence or Frisked During the Execution of a Premises Warrant. General Rule – premises warrants ≠ authorization to frisk or search persons bodies → Use Terry (RAS that this person is PAAD) Detaining Persons – Contraband Warrants / Summers Doctrine - Limited authorization to detain persons on/in area of premises during search a. Because individuals could be potentially responsible for contraband b. Summers Doctrine: only if occupant is in or around residence when LEOs execute SW i. Nature of SW has to contain contraband or else Summers Doctrine does not apply - Justifications → (1) Prevent flight (2) Minimize risk to LEOs (3) Facilitate orderly execution 2020. Surveillance EPO #1. Define surveillance, identify who conducts it, qualities of a good surveillant, & objectives of it. Surveillance – a. the continuous observation of people, places, & things for the purpose of collecting/gathering information to further an investigation Who – a. Anyone & everyone → No special authority required Good Qualities – - Tangible: physical condition (eyesight, hearing, fitness) - Intangible: a. Patience* d. Persistence g. Alertness j. Good judgement b. Adaptability e. Resourcefulness h. Perception k. Ability to act natural/look normal c. Teamwork f. Attitude/Demeanor i. Good memory Objectives – a. Must be determined before execution b. Identify the informations being sought i. Establish violation/existence of one vi. Verify informant reliability ii. Obtain PC for SW/AW vii. Provide protection for UC/informant iii. Apprehension viii. Locate persons, places, things iv. Identify associates of vios ix. Crime prevention v. Gather intel before execution EPO #2. Define the terms used in coded radio comms when conducting surveillance. & identify steps/procedures that should be followed when planning to conduct surveillance. Terms – Surveillant → agent/person watching Target, S , Suspect, Hare → person being observed Eyeball → “Quarterback” Burned/Made → when surveillant has been discovered Loose vs. Tight → How close surveillant is trailing target Covert vs. Overt → Loud & Proud vs. Secret & Hidden Tail → a verb to indicate surveillance is in progress Fresh Green/Yellow/Red vs. Stale Green/Yellow/Red Cover → anytime surveillant has opportunity to allow a non-involved party to get between them & S Lane 1/2/3 → lane closest to centerline/leftmost lane Steps/Procedures – - File & Background Check - Briefing a. Meeting places, hangouts, associates a. Intel reports, photos, goals/objs b. Photo/Description of target b. Loose vs tight expectations c. Vehicles involved c. Written op plan for everyone d. Funds d. Schedule the debrief - Reconnaissance of Area - Equipment a. Characteristics/Terrain a. Cameras, Binoculars, NVGs b. Identify suitable observation point b. Clothing to blend in EPO #3. Identify the basic techniques that are utilized when performing stationary/foot surveillance & identify the advantages/disadvantages of various vehicle surveillance techniques. Stationary - Primary consideration = observation location  - Consider entry/exit areas & post + means of communication - Overt considerations → shallow UC roles/ruses → Help defeat counter surveillance techniques Foot surveillance → One-Person → Two-Person → ABC Method (3-Person) A (Closest to S, lacks flexibility) // B (follows & covers “A”) // C (have S & “A” in view, on other side of street) Vehicle Surveillance (+)’s - Observer can respond on foot - Driver can concentrate 100% on driving, observer can take notes, radio, & nav (-)’s - Agents may distract each other - 2 Agents together look like LE - 2 Agents require twice the manpower EPO #4. Identify methods of countering the common tactics used to detect & evade foot or vehicle surveillance. Foot: Vehicle: a. Stopping abruptly & looking to rear a. U-turns or entering into deadends/no outlets on purpose b. Suddenly reversing direction (U-turns) b. 3 right turns c. Stopping abruptly after turning a corner c. stopping abruptly off road d. Watching reflection in window/looking out d. Running lights/using yellow lights e. Changing Speeds or Clothing f. Riding a bus/taxi for a short distance g. Making efforts to observe surroundings Other considerations a. Dead drops → leaving something for someone else to pick up - acknowledge and note it but ignore/leave it - always assume counter surveillance technique - Counter surveillances → associates, ordinary citizens, radio scanners/interceptors 2016. Documentation Report Writing EPO #1. Identify Requirements and Uses of LE Notes. Notes – a. Any type of record/instrument that enables recall of factors @ a later period of time i. Written products, logs, photos, audio/video recordings, & visuals/diagrams/sketches Requirements – a. Original notes must be retained (even if rewritten) b. Advised to keep a chronology of inv activities Uses – a. Aid in memory c. Record of contacts & activities b. Prepare for ct testimony d. To counteract denials or changes in statements Elements – a. File/Case number e. Page/Item # b. Date/Time of entry f. Body of Facts: who, what, when, where, why, how c. Location of notes taken d. People present EPO #2. Identify the Types of Narrative Reports & the Requirements for Written Statements. Narrative Reports – applies to all written reports by criminal investigators Purpose – to communicate information to reader, focus on facts of case, & provide permanent record of investigative activity Elements – 1. Accurate a. Describe people, place, events, objects b. Direct vs. Indirect notes c. Omit any opinions, conclusions, or inferences 2. Complete a. All relevant & pertinent material is included b. No further explanation needed c. Witness oriented d. Report is complete if who, what, when, where, why, & how are answered 3. Concise a. Expressing thoughts completely & clearly in as few words as possible b. Active Voice 4. Clear a. Avoid misrepresentations, logical flow, clear impression b. Avoid ambiguous pronouns, use concrete expressions, use simple writing, logical order c. Emphasize significant facts, events, info i. Avoid technical terms/police speak, do not # people unless they are a UC or Informant 5. Objective/Fair EPO #3. Identify the Requirements & Uses of Completed Investigative Reports (case reports). Memorandum of Interview (MOI) - Written record of interview activity → list facts that were learned - Elements: - Case #, name/address of interviewee, date/time of interview, location, others present, name/title of interviewer, signature of interviewer, annotate if/when Article 31 rights were read Memorandum of Activity (MOA) - Activities of SW, AW, UC Ops in documentation/report format - LE checks - Intel Received Written Statements - Declarations of facts into a formal form - Uses/Purposes a. Preserve fact & probable testimony d. Elicit testimony of reluctant/hostile witness b. Discourages changes in testimony e. Refresh memory @ trial c. Impeach testimony of untruthful witness - Sworn vs. Unsworn Statements a. Sworn = “Affidavit” → written statement of fact made voluntarily & confirmed by Oath b. Unsworn = w/o oath or affirmation, most commonly taken from witnesses or S - Format a. Full name of Interviewee (Address + Occupation) c. Signatures/Witnesses to it b. Identity of Interviewers (Name, Rank, Agency) d. Time/Place/Purpose - Content a. Admissions, Confessions, Denials c. Everything S did, heard, said, observed, etc.  b. Rights advisements d. S background & personal/criminal record - Preparing a. Gathering all necessary info to write it up accurately & factually - False Statement a. 18 U.S.C. § 1001 2336. Investigative Informations Sources & Financial Analysis. EPO #1. Identify the Characteristics For Documenting the Results of an Investigative Analysis. (Exam 2 EPO) EPO #2. Identify How Money Laundering is Used to Conceal & Integrate Illicit Funds. Money Laundering: transform illegally obtained money into seemingly legitimate funds 1. Placement (Moving $$$ into financial system) 2. Layering (Altering the flow) 3. Integration (People don’t get into crime for $$$, they do it for what $$$ can buy) - Title 18 U.S.C. § 1956 (Core Money Laundering Statute) a. Requirements : proceeds of a specific crime (S.U.A) : proceeds of unlawful activity (knowledge of something unlawful is going on) “Knowledge is plainly obvious” –person doesn’t have to know the specific crime : conduct/attempt to conduct a financial transaction 1. Disposition of Funds a. Dropping of proceeds 2. Involving Monetary Instruments a. Any form of currency (bills, coins, money orders) 3. Title Transfer 4. Use of Financial Institution a. Bank, Pawnshop, Car dealers, Casinos, Credit Union b. Two Avenues i. *Intending to/Purpose… ii. *Knowing a transaction is designed to… - Promote a specific crime (SUA) - Conceal* - Evade taxes - Avoid reporting requirements - Title 18 U.S.C. § 1957 (“Spending” Statute) a. Requirements : Proceeds of a specific crime (SUA) : Knowledge : Monetary transaction w/ a Financial Institution : Value greater > 10k *** b. *Does not require : funds to be used for any additional crim purpose : that defendant engaged in the transaction with any purpose or specific intent EPO #3. Identify the Types & Theories of Asset Forfeiture. Types – (1) Civil Forfeiture (a) Suing the asset → property is the defendant* (2) Criminal Forfeiture (a) Gov indicts* defendant & property  (b) Substitute assets // $$$ Judgement (3) Administrative Forfeiture (a) *Real property cannot be forfeited administratively Theories – (1) *Proceeds (a) **”fruits” of the crime (b) Prove that every $ is from criminal activity (c) Direct Tracilibility (2) *Facilitation (a) Only care about how asset is used, not paid for (b) If it helps make the crime “less difficult"** (3) “Involved In” (a) If asset is involved in $$$ laundering activity/process → we can take it all (4) Enterprise (a) Scope of criminal organization (b) Can seize any & all assets or businesses EPO #4. Identify how to Locate/Analyze Sources of Funds Transfer Info to Trace Assets & the Flow of Money. Players involved in a wire transfer – 1. *Originator: initiator of funds transfer - *OG Financial Institution: receives the instructions from originator & transmits them to next party 2. Beneficiary: party who receive funds a. Ben. Financial Institution: receives money from originators finan institution pays beneficiary Fedwire Services – a. Federal Reserve → only domestic* financial institutions can hold accounts b. Wire transfer messages stored for 7yrs* i. From date of the transfer ii. Any elements of the funds transfer (path of transfer, customer parties involved, date, amt, info exchanged) - Limited by data w/in transfer message Funds Transfer Rule – a. Threshold = $3,000 b. Banks required to retain certain information depending on their role in transfer i. Originator’s bank, intermediary bank, or beneficiary’s bank c. Obtain & Analyze Beneficiary’s account statement* i. Monthly deposit will show funds wired into their account 2005. Informants EPO #1. Identify Informant Sources Available to Fed LEOs. Informant: A person that provides information of an investigative nature to LE that otherwise may not be provided : Usually for compensation : Is controlled, encouraged, or directed by LEOs Categories – (1) Anonymous (a) Refuses to identify self (b) Does not = reasonable suspicion or belief alone (c) Corroboration necessary (2) Non-Confidential (a) Does not have have/care if identity is held in strict confidence (3) Confidential  (a) Requests identity to be held in strict confidence (b) Enters an agreement w/ LE (c) May have to be revealed @ trial (4) Unwitting (a) A person who does not know they are providing information Types – (1) Criminal/Criminal Associate (a) Most Valuable (b) Can source someone who has been arrested but LEO cannot make promises to drop charges (2) Professional (a) On LE payroll (b) Risk → person could manufacture evi for more $$$ (3) W/In Industry (a) Their access to useful information is because of their job (4) Private Citizen Sources of Information – - Police (County, City, State) - Probation & Parole Officers Restricted Groups – - Criminal defendants, those on parole/probations, juveniles, witness security program participants, clergy, attorneys, physicians, press, military personnel Motivations - Varies on background & activities @ hand - Fear/Self-Preservation - Ego/Vanity - Revenge - Reform/Repentance - Mercenary ($$$) - Other (Competition, Civic Mindedness, Jealousy, Friendship, Perverse) EPO #2. Identify the Elements of Developing & Controlling Informants. - Treat every person as a potential informant - Proper interviewing techniques = most important tool - Background a. Profile for general suitability b. Analyze for potential development & productivity - *Development a. To get Cooperation: i. Address Informant’s Confidentiality 1. “Informer’s Privilege” a. Investigator has a professional & ethical obligation to safeguard identity b. Government can withhold identity in trial/prosecution i. Ensures continual flow of information regarding illegal activities to LE ii. To protect from reprisal/revenge ii. Address Motivations - *Control a. Investigator always directs investigation b. Informants provide information & suggestions c. Agents run investigations (do not make promises of money or AUSA outcomes) d. NEVER relinquish ctrl to informant e. Maintain frequent, personal contact, define entrapment early  f. Bring 2nd’ary agent to meetings - Considerations a. Mental, Emotional, Physical health b. Crim + Employment history c. Educational background/history - Common Uses of an Informant a. Provide information about vio of law e. Help est. PC for SW b. Independent surveillance f.. Testify @ legal proceedings c. Furnish info not readily available g. Gather intel g. Controlled UC negotiations/purchases of evi 2021. Undercover Operations EPO #1. Identify & Describe the 5 Phases of an UC Operations. 1. Planning a. Review background d. Select UC (willingness = priority) b. Determine objectives e. Establish motivations c. Determine appropriate personnel 2. Initiation a. Continue to develop information about S & associates b. Brief UC about their role c. Making other people aware → briefing 3. Operational a. Decide how to approach S c. Often the CI will introduce the UC b. Execute plan d. Gain S confidence & trust 4. Termination a. Have an exit plan prepared b. If discovery, (-) results, imminent danger, or objectives met 5. Evaluation a. “Debrief” b. UC should be prepared for courtroom testimony c. Oversee entrapment boundaries – be prepared to prove criminal disposition EPO #2. Identify the Types & Primary Objective of a UC Operation. Undercover Operation: a legal, covert investigative technique involving deception of & association w/ crime - Primary objective = obtain information/evidence unavailable through other investigative techniques*** Types – 1. Impromptu → sudden assumption of shallow role a. ex. Posing as a tourist or shopper under surveillance 2. Short-Term → F(x) of nature of investigation for specific activity 3. Long-Term → several weeks to months (where a majority of UC work lies) 4. Penetration → to infiltrate deeper into criminal organizations a. Most difficult & Dangerous b. A 24/7 role 2191. Prisoner Processing EPO #1. Complete a FD-249 Arrest & Institution Form. 1. Two areas of the body with friction-ridged skin: a. Fingers b. Toes  2. What does AFIS stand for? a. Automated Finger Identification System 3. What type of fingerprint card is used for criminal arrest booking? a. FBI FD-249 Arrest & Institution card w/ red lettering 4. A properly rolled finger: a. Captures nail to nail & 1st Joint 5. When filling out a FD-249, charges should be expressed in: a. Literal Terms EPO #2. Identify the Process for Collecting & Submitting an Exemplar DNA Sample Using an FBI Federal Convicted Offender Buccal Collection Kit. 6. Mail DNA sample and completed kit w/in: a. 24hrs 7. What unique identifiers must be on the FD-936 DNA entry form? F.A.B.S (FBI, Aliens, Bureau of prisons, Social security) 8. DNA samples collected from individuals under arrest using FBI Convicted Offender DNA Collection Kit: a. Buccal cells in cheeks 9. Common reasons for rejection of DNA Collection Kit = incomplete, ineligible information, broken/compromised evi seal &... a. Bar code + Identifying information on collection device is different than submission form 10. Samples from Collection Kit are entered into what system? a. CODIS 11. The unique barcode on the DNA collection device must match what? a. The barcode on FM 936 12. What should the collecting officer do prior to & during the use of Convicted Offender DNA Collection Kit? a. Read/Follow directions in kit