Constitutional Law
The legislative branch
The rights of the people to be secure in their persons, houses, papers, and effects, against _________
unreasonable searches and seizures
If someone invokes their right to an attorney how long after can you re-approach for questioning?
If someone invokes silence how long do you have to wait before re-approach?
You can not question them until a attorney is present or have to wait 14 days (2 weeks) once they are out of custody
You have to wait 2 hours
What is M.O.M when involving working the investigation?
M - Motive
Did the subject have reason to commit the crime?
Who might have benefited from this crime?
O- Opportunity
Did the subject have a chance to physically commit the crime?
M- Means
Did the subject have the necessary physical or mental capability to commit the crime?
What is OPSEC?
A process which denies potential adversaries information, that is generally unclassified about the planning and execution of sensitive activities and operations
What branch does most LEO fall under when it comes to their authority?
Executive Branch
Subjective vs Objective
"Oh no X happened! It is really bad!"
What is the subjective and what is the objective?
Subjective: the opinion on what happened - “its really bad!”
Objective: What the facts are of what happened - “ X happened”
When are Miranda warnings required?
(Hint; 3 C's)
C- Cops
C- Custody
C-Questioning
Criminal Investigations-
The _____and __________process of identifying, collecting, preserving and evaluating evidence or information for the purpose of bringing a criminal offender to justice
The (Legal) and (Systematic) process of identifying, collecting, preserving and evaluating evidence or information for the purpose of bringing a criminal offender to justice
Risk is determined by 3 factors:
Threat
Vulnerability
Impact
What branch Interprets the law?
Who does this involve and what do they do?
What article does this include?
The judicial branch is run by the Supreme Court of the U.S. (SCOTUS) where they have the final and interpretation of the constitution
This article is Article 3
What are the Graham Factors?
S - Severity of the crime
I - Immediacy of the threat (to the officer or others)
R - Resisting arrest (are they)?
F- Fleeing/avoiding by flight (are they)?
Exceptions involving Miranda does not include: (SPORT)
S- Spontaneous statements made by the subject
P- Public safety - exigent circumstances against any public safety
O- Officer safety - for exigent circumstances against a officer
R- Routine booking questions (what is your height and weight etc)
T- Terry stops - if there is reasonable suspicion to believe a crime has occurred
What are the major goals of criminal investigation? ( 4 items)
To solve crime
Prove or disprove allegations through investigations
Collect, preserve and process information
Using acceptable legal procedures investigators are the justice system primary instrument of action
5 steps of OPSEC:
Identification of Critical information
Analysis of threat
Analysis of vulnerability
Assessment of risk
Application of counter measurements
Article 1 is what branch?
Article 2 is what branch?
Article 3 is what branch?
Article 1: Legislative Branch - enact laws
Article 2: Executive Branch - enforce laws
Article 3:Judicial Branch - interprets laws
Tip:L.E.J.
Article 1, 2 , 3 - Enacts, Enforces and Interprets the laws
Tennessee v. Garner 471 U.S. 1 (1985) is a example of when what is acceptable?
when deadly force may be used (under Grahams Objective reasonableness test)
deadly force is acceptable when their is probable cause to believe that if the person escapes they cause a risk of serious bodily injury to officers or others
EX: If a subject is running towards a school with a bomb it is reasonable to stop the threat (AKA using deadly force)
A valid Miranda warning must have VIK - What is it and what does it include?
V: voluntary knowing that them making their statement is free choice with no intimidation or coercion
I: Intelligent - being fully aware of their rights and what waiving those rights includes
K: knowledge/knowing - considering their education, age, and knowledge of the legal system
What are the elements of case management?
An agent must recognize fatal weaknesses and potential defenses EARLY in the investigation and bring them to the attention of the USAO as soon as possible
methods of prevention are:
Procedural changes
Deception (disinformation, misdirection, disguise, stings, exercise)
Background checks (checking police personnel, contract personnel etc)
Physical security (key access, access control)
Perception management (how outsiders see the agency etc)
Speed of execution
Stopping the mission
Any other action that protects information - like having training and awareness for all members inside the agency
What are the powers of each branch and who runs them?
Legislative powers: Ran by Congress - they have the power to collect taxes, regulate foreign and domestic trade, establish post offices and roads (interstate commerce) and establish federal courts
Executive powers: Ran by the President - power includes entering treaties with foreign nations, veto acts of Congress, grant FEDERAL pardons, and appoint members of the administration
Judicial powers: The U.S. Supreme Court (SCOTUS)- powers include declaring laws unconstitutional and is the final authority on matters of constitutional interpretations
What are the legal standards outlined in Graham v. Connor for the use of force during the seizure of an individual.
A claim of excessive force by LE during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard through the lens of a reasonable officer and not a civilian (with LE training and experience) without the benefit of 20/20 hindsight (or what you found out after the situation occurred)
5th Amendment is the right to______
6th Amendment is the right to ______
5th: Grand jury, Double Jeopardy, Self-incrimination and Due Process
6th: Speedy/public trial, venue, informed of accusation, confront witnesses, compulsory process, assistance of counsel
What are the 9 steps of an investigation? And what do they involve?
Case Initiation
Assessment of allegation
Investigative Planning
Conducting the interview safely
Prepare the investigative Summary
Formal referral to the U.S. Attorneys office
Process subjects through the judicial system
Processing the criminal/civil asset forfeiture
Close the investigation
Individual personnel countermeasures:
Limiting web page access
Shredding sensitive documents
Keeping bulletin boards up to date
Monitoring public conversations
Not using email to discuss sensitive information