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article 1
legislative (congress) makes laws, composed of house of representatives and the senate, and 2/3 of vote can override veto from president
article 2
executive (president), enforces laws, order goes from president, agency, and department, agencies and departments make regulations from statues
article 3
judicial, interprets laws, order goes from supreme court (affects all government officials), circuit courts, district courts
seizure of an object
government
meaningful interference with
possessory rights
seizure of a person
government
meaningful interference with
freedom of movement
reasonable person does not feel free to leave
government
government can be literal, bp agent on behalf of, us telling someone to do something, or assisted by us (actually, directed, assisted)
search (olmstead)
government
touching
to gain information
search (katz)
government
intruding physically, visually, or auditory
reasonable expectation of privacy (rep)
CFR
code of federal regulations (laws)
USC
united states code, contains statues and organizes
title 8
immigration
title 18
federal criminal law
title 19
customs authority
title 21
drugs
title 31
monetary instruments
to obtain a warrant
draft a warrant
affidavit and attachments (pics)
have it reviewed by AUSA
reviews and signed by judge
to execute a warrant
execute within 14 days
execute during daytime (6am-10pm)
knock and announce
provide occupant with copy of warrant
act reasonable
seize/detain any bystanders/neighbors/occupants temporarily
seize items listed in warrant
inventory seized items and give list to judge
give copy with date and time warrant was executed to judge
deadly force
must be necessary and reasonable, requires probable cause
k-9 touching/entering
car/person
k-9 alert gives you
probable cause
border nexus
person/thing crosses the border, had meaningful contact with person/thing that crossed the border
border search
authorized government officer, searching for merchandise, and at the border
FEB inbound
R.C. of border nexus
R.C. of no material change
First practical detention point
FEB outbound
R.C. will be Border Nexus
R.C. will be no material change
Last practical detention point
Extended Border Search
R.C. of Border Nexus
R.C. of no material change
R.S. of criminal activity