CITP Exam 3

When does the 4th Amendment apply to Government action?

When does the 4th Amendment apply to Government action?

Gov Actor

Questing for Evidence

Reasonable Expectation to Privacy

What things are constitutionally protected under the 4th Amendment?

Persons

Papers

Housing

Effects (Personal Property)

What did Katz v. US establish?

a person must have exhibited an actual expectation of privacy and the expectation must one that society is prepared to recognize as objectively reasonable

What did US v. Jones establish?

A trespass or physical intrusion by the government upon a constitutionally protected area with the intent to gather information

What is curtilage?

the area in which intimate activity associated with the sanctity of the home and privacies of life takes place

What is an “open field” and does a reasonable expectation to privacy exist?

any unoccupied or undeveloped are outside of the curtilage

No reasonable expectation to privacy exists

What four factors did US v. Dunn establish?

The proximity of curtilage to the home does not have a specific distance recognized by the courts

whether the area is within a single enclosure that also surrounds the home

the use of the area

the steps taken by the resident to protect the area from observation by people passing by

When does a reasonable expectation to privacy not exist?

Abandoned property (word or by deed)

Overflights (flying over property)

VINs

Scars, Marks, Tattoos

Paint Color

Handwriting/voice sample

Fingerprints

Clear containers/backpacks

Sensory enhancements (flashlights/binoculars)

What is terrorism?

an activity that involves a violent act or an act dangerous to human life/property/infrastructure meant to intimidate/coerce population, influence politics or affect government conduct

What is a violent extremist?

An individual who mobilized to plan, support or conduct violent illegal behavior in furtherance of their ideology

What is a Domestic Violent Extremist (DVE)?

A U.S. based individual who mobilized to plan, support or conduct violent illegal behavior in furtherance of their ideology

What is true about domestic terrorism?

There are no official designated terrorist groups

There is no federal offense for it

What is a Homegrown Violent Extremist (HVE)?

A person of any citizenship who lives or operates primarily in the US who advocates, engages in or is preparing to engage in or support terrotist activities in the futherance of a foreign terrorist organizations objectives

What is an HVE: Foreign Fighter?

A person of any citizenship who lives or operates primarily in the US who advocates, engages in or is prepareing to engage in or support of a foreign terrorist organizations objectives with plans to travel overseas to commit the act

Who is responsible for the Foreign Terrorsit Organizations List?

US Department of State

What is Anti-Terrorism?

defensive measures used to reduce vulnerabilities

What is Counterterrorism?

direct actions taken against terrorist organization

What is targeted violence?

Goal-directed, predatory and focused criminal acts taken against a specific individual or group (churches, school, workplaces, mass crowd events)

What are indicators?

generally defined and observable actions that suggest that a person may be committing or preparing to commit or has committed an unlawful act

How can LEO’s detect, deter or defeat terrorism?

Know potential weapons

Know groups in the local area who would target a specific location

Know if there are any active groups/movements

Know potential targets/locations

What are the categories of domestic terrorism?

Anti-Government/Anti-Authority (Sovereign citizens, militias, anti-gov people, anarchists)

Racially/Ethinically Motivated (White Supremacy or Black Separatist)

Animal Rights/Environmental Rights

Abortion-Related

All others (religion, gender, sexual orientation)

How can the US Department of State limit a terrorist group on the Foreign Terrorists Organization (FTO) List?

Impact travel

Makes it criminal to provide materials

What are the 3 types of Police-Citizen encounters?

Voluntary

Terry Stops

Arrest

What are the requirements to conduct a Terry Stop?

LEO must have reasonable suspicion (specific and articulable facts)

Criminal activity is afoot

How long should a Terry Stop last?

As long as necessary to confirm or dispell a LEO’s suspicion

What is a Terry Frisk?

a pat down of outer clothing after a LEO has established a reasonable suspicion an individual is presently armed and dangerous (specific and articuable facts)

Can seize any hard object that can be used as a weapon (firearms, knives, keys, tools of the trade)

What does the Plain Touch doctrine require?

The suspect was lawfully stopped

It was proceeded by a lawful frisk

No manipulation of the object occured

The evidence was immediately apparent

What all can be frisked during a vehicle detention?

Persons

Passenger Compartment

Unlocked containers

When can race/ethnicity be used to conduct a Terry stop?

When it matches the description on a BOLO (Be on the lookout)

To prevent terrorism when there is a credible threat to National Security

What is probable cause?

the standard for the issuance of warrant and arrests of individuals when a reasonable person believes a specific person committed a crime

Who are presumed credible sources of information?

LEOs

Victims

Witnesses

Partners in Crime (statement against their self-interest)

How can probable cause be established?

LEO observation

LEO sense of smell

Knowledge from other LEOs

Victim Testimony

Witness Testimony

Confidential Informants

K-9 alerts

What items are considered when making an arrest?

Is there probable cause

Is the information stale? (age of crime, nature of crime, what evidence can be obtained?)

What is the Aguilar standard?

Must have a credible source of information

There must be a basis of knowledge

What is the Gates standard?

Totality of circumstances (information from non-credible source cooberated by investigative efforts)

What is the purpose of the exclusionary rule?

To deter unlawful police conduct

To keep evidence out of trial

What is the fruit of the poisonous tree doctrine?

Any evidence derived from unlawfully obtained evidence will be excluded from trial

What is true about illegally obtained or excluded evidence?

it should not be destoyed until directed by an AUSA

What exceptions exist to the exclusionary rule?

No Standing to object (constituional rights not violated)

Impeachment (illegally obtained evidence can be used on a direct/cross exam)

Inevitable Discovery (investigative efforts would have lead to the evidence being collected (preponderance of evidence))

Good Faith (evidence obtained from a warrant even if at trial probable cause was determined illegitimate)

What did the Riley case establish?

There is a reasonable expectation to privacy in public when the individual took steps to maintain a sense of privacy (fly overs)

What did the Kyllo case establish?

Prohibits the use of device to listen or observe outside of normal LE operations (thermal guns/listening devices) even if there is no physical intrustion

What are the different terrorist organizational structures?

Hierarchal (chain of command, 1 boss)

Networked (loose affiliations, driven by goals/targets)

Hybrid (mix of hierarchal/networked)

What are the different types of networked terrorist organizations?

Chains (sequential)

Hub/Star (all report to one boss, no connection between groups)

Wheel (one boss, all groups on same page)

All Channel (all connected and equal)

What ways do terrorist organizations receive funding?

Criminal Activity (drugs/human trafficking, cyber crimes)

Charitable Orgs (have public trust, dont pay taxes)

Offshore Entities/Companies (fake IDs and fake companies)

What alternate means of terrorist funding exist?

Crypto

Ebay/PayPal

GoFund Me Accts

What are the steps of the Terrorist Attack Model?

Decision (Grievance and Ideation)

Planning (Research, Acquisition, Surveillance and Rehearsal)

Execution (Attack, Escape/Exploitation)

What are the steps of radicalization?

Personal Factors (needs, frustrations, disconnects, trauma)

Group Factors (relationships, sense of belonging)

Community Factors (marginalization, lack of trust in societal institutions, religious discrimination)

Socio-political Factors (grievances/oppositions to foreign/domestic politics)

Ideological Factors (values, beliefs, goals)

How is the internet a catalyst for Mobilization?

Uses social media networks to reinforce ideological messages, recruit individuals, creates a platform for like-minded folks to share their views, provides connections and training

What can inhibit terrorist mobilization?

Community Outreach (improves relationships, allows expression of grievances, educates public, provides a platform to report)

Credible Voices (respected family members)

What are the aspects of mobilization?

Supporting Violence

Inciting Violence

Engage in Violence

What are the potential targets of terrorism?

Military personnel/facilities

Diplomatic offices

Religious institutions

Intermodal (airports, subways, cruise ships)

Critical Infrastructure

Educational Institutions

Government Offices

Police

Sporting Events/Venues

What potential weapons could terrorists use?

Incendiary

Explosives

Firearms

Weapon of Mass Destruction

Vehicles

Unmanned Aircraft System

What is the National Security Council (NSC)?

Principal forum for the discussion of national security and foreign policy matters

What is the National Counterterrorism Center (NCTC)?

Analyzes threats and shares information with out allies by integrating the national power of diplomatic, financial, military, intelligence, homeland security and law enforcement to ensure a unity of effort

Central player in Homeland Threat Task Force

Provides National Terrorism Bulletin

What is the Joint Counterterrorism Assessment Team (JCAT)?

it coordinates with the FBI and DHS to research, produce and disseminate counterterrorism intelligence products for federal, state, local, tribal and territorial government agencies

Published the “Intelligence Guide for First Responders”

What is the FBIs role in combatting terrorism?

to detect, deter and defeat terrorism through investigations, operations, intelligence collection & analysis and interagency programs to include Joint Terrorism Task Forces (JTTF)

provides criminal justice information system sources such as NCIC, Law Enforcement Enterprise Portal (LEEP) and the Terrorist Screening Center (TSC)

What does the Terrorist Screening Center (TSC) do?

manages and operates the Terrorist Screening Database (TSDB) otherwise known as the watchlist (24/7)

Manages “no fly” and “selectee” list

Documents LE encounters with people on the TSDB

Establishes/manages international partnerships for terrorism tracking/information sharing

What are the Terrorist Handling Codes?

Code 1: Possible arrest, approach with caution, immeadiately contact TSC

Code 2: Possible immigration violation, approach with caution, immeadiately contact TSC

Code 3: Gather information, possibly on watchlist, approach with caution, contact TSC after encounter

Code 4: Gather information, possible national security interest

Code 5: Gather information, possible ties to Transnational Organized Crime (Cartels)

What is the warning and advisory notes terrorist handling codes have in NCIC?

Warning: Approach with Caution

Advisory: Do not advise the individual that they may be on a terrorist watchlist

Who do you report any indicators of terrorism to?

Your agency intelligence unit

JTTF

What are the 12 indicator categories for terrorism?

Communication Spoken (unusual goodbyes, travel to fight)

Communication Recruiting (mobilize others, promoting extremist narratives)

Communication Written (religious justification, online groups/sites)

Communication Videos (Martyrdom video statement)

Financial

Research (Elicitation, tactic selection, blueprints)

Surveillance

Testing Security Measures

Logistics (acquisitions)

Preparation (dry runs)

Travel (false reason to travel)

Suspicious Behavior (body language)

What do you use to report indicators of terrorism?

Suspicious Activities Report

What do you need to make an arrest?

Probable Cause

Lawful Authority

Lawful Access

What authorities exist to make an arrest?

Federal Statutes

State Peace Officer

Citizens Arrest

What ways can you make a felony or misdemeanor arrest with a warrant?

Public Place (anytime/anyplace)

Suspects Residence (need to believe suspect is home)

Other locations of REP (Search Warrant, Consent, Exigent Reasons)

When can you make a warrantless felony arrest?

Public Place (anytime, anywhere)

Suspects Residence (Arrest Warrant, Consent or Exignet Reasons)

Other location of REP (Search Warrant, Consent, Exigent Reasons)

When can you make a warrantless misdemeanor arrest?

If you witnessed the crime be committed in a public place

When can you execute a federal arrest warrant?

Anytime and anywhere if you have lawful authority

Can a federal LEO execute a state arrest warrant?

No, but they can detain the individual for state LEOs to extradite

A lawful frisk is an exception to the _____ requirement?

Warrant

What are the two types of responses for operations?

Immeadiate (quick formulation, immeadiate resolution, higher risk)

Planned (TIME)

What are the three operational plan characteristics?

Completeness

Flexibility

Simplicity

What are the 3 phases of operation planning?

Phase 1: receive and study mission, plan use of time, acquire & study maps, make a draft op plan

Phase 2: select personnel, assign them roles, do surveillance

Phase 3: complete op plan, issue plans & conduct op briefing, execute, conduct debrief, prepare after actions report

What are the 4 types of intelligence for operation planning?

Gather Intelligence (investigative efforts)

Personal Intelligence (records checks, description, handgun/military training, vehicles)

Geographic Intelligence (location, blueprint, surrounding area)

Other Sources (local LE, public utilities, postal inspections, weapons at residence)

What categories are there in a written operation plan?

Mission Statement (purpose)

Contingency Plans (other possibilities/outcomes)

Suspect Information (description, vehicles, address)

Equipment Considerations (what do you need)

Personnel/Equipment Assignments (who is doing what with what)

Routes/Area Map (have primary and alternate routes)

Communications (establish primary, secondary, tertiary means)

Other Agency Coordinations (bring in locals or other federal agencies)

What is an entrapment defense?

an affirmative defense provided by the defendant who is charged with proving to a reasonable jury the government induced an innocent person to commit a criminal offense

What are permitted government inducements?

Decoys

Reasonable Payments

Facilitation

Providing equipment/supplies

What are prohibited government inducements?

Threat against family

Extreme emotional appeal

Unreasonable amounts of $

Continuous pressure (badgering)

Violent demonstations

What are examples of a defendants predisposition to commit the crime which eliminate the entrapment defense?

Statements made by suspect

Character or reputation

Motive

Eagerness/ready to accept suggestion

Possession of contraband for sale

Prior convications of similar nature

Acceptance of offer for supplies essential to commit the crime

What are the elements of 21 USC 844 (possession of controlled substance)?

Knowingly/intentionally

possessed

a controlled substance

without authority

What are the elements of 21 USC 841 (distribution of controlled substance)?

Knowingly/intentionally

distributed

a controlled substance

without authority

How can possession of a controlled substance be proved (2 types of possession)?

Actual (found on person)

Constructive (exercise direction and control of it)

How can distribution of a controlled substance be proved?

Suspect words/actions

packaging materials

scales

quantity

distribution paraphenalia

transportation arragnements

What are the elements of 18 USC 1001 (False Statements)

Regarding certain federal matter;

the defendant knowingly or intentionally

made a false material statement, concealed or covered up a material fact or made/used a document containing false material statements

What exceptions exist to 18 USC 1001 (False Statements)

Judicial Proceeding (counsel statements made as a defense)

Legislative Branch Matters

What are the different types of evidence?

Physical

Documentary

Testimonial

What is physical evidence?

a real,

tangible,

item with form and mass,

that could be invisible

that establishes a crime has been committed

What is the principle of exchange (Locards Theory of Transfer)?

“every contact leaves a trace”

What are the two characteristics of physical evidence?

Class (glass, hair, paint, soil, paper, blood, fingerprints)

Individual (tool marks, friction ridge of fingerprints, handwriting, footwear/tire impressions)

What are examples of documentary evidence?

Written Notes (clear, chronological, legicable, accurate)

Photographs (fair and accurate representation of the scene as it was found)

Sketches (record of scene, documents pertinent items to scene)

What should sketches include?

A title block (date, agent, agency, offense, location, assistants)

An arrow indicating North

the phrase “not to scale”

What are the types of sketches?

Locality drawing (map of overall area)

Area Drawing (closest physical surroundings)

Cross Projection (location of items on walls/heights of objects)

Rough sketch (2D/birds eye view)

What are the 3 methods of measurement to sketch a scene?

Baseline (items along a wall)

Rectangular (right angle measurements to walls)

Triangulation (2 fixed points)

What are the 4 search methods?

Zone/Sector Method

Clockwise/counterclockwise method

Strip Search Method

Grid Search Method

What is the primary objective of a search and what evidence should be seized first?

to locate all evidence present

to package evidence in a way that maximizes it value

and to collect fragile evidence first (hairs, fluids, latents)

What are the 2 types of surfaces to consider when lifting fingerprints?

Porous (impressions absorbed into surface)

Non-porous (impression rest on surface)

What should be considered when collecting firearms as evidence?

Safety

position of hammer

position of safety

live rounds in chamber

live rounds in magazine

spent casings

What basic information is needed to establish a proper chain of custody?

Agency Case #

Who found the item w/ date & time

Who collected the item w/ date & time

Exact location recovered from

Evidence item # w/description of item

Any person who handled the item after initial seizure (date & time & reason)

What is the process for submitting evidence to the lab for analysis?

Complete evidence letter f/ lab

include case synopsis in letter

provide 2nd copy of letter w/ list of exams needed

contact information f/ submitting agent

case identification information

PII on subject/victims in case

return address

justification for expedited exams

proper packaging/shipping

What courriers should be used to ship diferent types of evidence?

USPS Registered Mail (All other evidence)

UPS (safe explosive devices)

FedEx (live ammo)