Fed Crim Law
Identify the elements of (False Statements) Title 18 U.S.C. 1001
-Regarding Certain federal matters (includes criminal and admin matters of the gov)
-The defendant knowingly and willfully
-Materiality- Made a false material statement OR concealed, covered up a material fact OR made or used a document containing a false material statement
What is the definition of Entrapment?
Is the act of government officers or their agents inducing a person to commit a crime not contemplated by that person, for the puropose of prosecuting that individual.
3 Types of police citizen encounters
1.) Consentual Encounters
2.) Terry Stop/ Investigative Detention
3.) An Arrest
Explain Plain Touch Doctrine
The purpose of a frisk in a Terry Stop is to find weapons, not evidence. However, the Supreme Court has held that an officer, under very specific circumstances, may seize contraband detected during the lawful execution of a Terry Frisk.
To seize evidence lawfully it must meet two requirements:
1.) Frisk leads to discovery of the evidence must be lawful
2.) incriminating nature of the item must be immediatly apparent to the officer without manipulation
What district is a Federal Arrest Warrant valid in?
All of them
What is the difference between 21 U.S.C. 841 & 21 U.S.C. 844
21 U.S.C 841: Manufacture and Distribution of a Controlled Substance (We will see this more)
21 U.S.C 844:Possession of a Controlled Substance
List the prohibited inducements under entrapment
- Threats against the well-being of the target's family
-Extreme appeals to the sympathy or emotions of the solicited target
-Offers of unreasonable amounts of money to an impoverished or financially desperate target
-Conitnuous pressure of repeated phone calls, visit or requests, badgering
-Violent demonstrations, threats regarding loss of job or custody of children
What are some reasons an officer could explain why they conducted a Terry Stop
1. Suspects nervous behavior
2. Suspects criminal history
3. Knowledge of recent criminal conduct
4. Time and Location
5. Flight upon seeing LEO
6. Non-responsive behavior
What are the execeptions to the exclusionary rule?
- No Standing to Object
- Impeachment
-Good Faith
- Inevitable Discovery
What do you need to arrest someone?
Probable Cause
Lawful Authority
Lawful Access to the person
Rogowski Citizen goes to visit Congressman Lorenzo at Lorenzo's office on Capitol Hill. Rogowski Citizen criticizes Congressman Lorenzo loses his temper and starts beating Rogowski Citizen. Federal law enforcement officers are called to the scene. What could these officers do?
The officers could arrest Congressman Lorenzo even if congress is in session because he committed a crime other than a non-violent misdemenor.
Congressman are not immune to from prosecution. They are subject to felony arrest like any other person.
Identify when predisposition negates an apparent entrapment defense
1. Statements made by the defendant before, during, and after incident
2. Character and reputation
3. Motive for committing the crime
4. Eagerness or ready acceptance of the governemnt's suggestion
5. Possession of contraband
6. Prior convictions of a similar nature
The purpose of the exclusionary rule is:
To deter police misconduct by creating negative consequences when officers violate the fourth amendment
A frisk of a vehicle is allowed as part of a traffic stop if the LEO has what?
Reasonable Suspicion that someone in the vehicle is presently armed and dangerous
Morano is charged with a serious misdemeanor for which he could be sentenced to up to one year in prison if found guilty. Where will his trial be held?
The Magistrate Court can preside over any misdemenor trial.
However, for a Class A misdemeanor, (anything beyond a "petty offense", meaning any offense could be sentenced to imprisonment for more than 6 months but up to one year), the defendent has the right to insist on trial in the District Court. If the defendant waives his right to be tried in District court, the trial will be held in the Magistrate's Court.
Tom, a citizen of the United Kingdom, is arrested by a federal agent in Alexandria, VA, for selling unlicensed coffee mugs bearing the image of “Smokey Bear.” Unlawful use of the “Smokey Bear” character or name is a federal misdemeanor (18 U.S.C. § 711). The United Kingdom is on the Vienna Convention on Consular Relations (VCCR) “mandatory notification countries” list. Is the arresting agent required to notify the British Consulate of Powers’s arrest pursuant to the VCCR?
A. No, because the VCCR does not apply to misdemeanor offenses.
B. No, because the United Kingdom is an ally of the United States.
C. Yes, because the VCCR requires notification without delay to “mandatory notification countries.”
D. Yes, but only if Powers immediately requests that his consular officials be notified.
Yes, The VCCR applies to all detentions and arrests of foreign nationals; the seriousness of the charge is immaterial.
The VCCR requires, at a minimum, that the foreign national who is detained or arrested be told of the right to consular notification and access. In this case, because the United Kingdom is on the VCCR “mandatory notification countries” list, U.S. officials are required to notify the British Consulate of the arrest regardless of the arrestee’s wishes.
Agent Weathers is scheduled to be the star witness in tthe case against Christian Criminal. Other Agents discovered that Weathers had been disciplined in the past for lying furing an administrative investigation into tthe alleged misuse of a government vehicle. the AUSA must tell the defense attorney about this under which of the following?
a.)Rule 16
b.)The Brady Doctrine
c.) The Jencks Act
d.) Giglio
Giglio [Giglio v. United States, 405 U.S. 150 (1974)] requires that the government give the defendant any information about government witnesses that might reasonably be used to impeach them. This includes information about prior false statements. It also includes disclosing promises made to witnesses in exchange for their testimony, such a plea bargains made in exchange for testimony.
A police officer received information from a confidential informant that Lucas was selling methamphetamine out of his house. The officer wanted to apply for a warrant to search Lucas's house based solely on the information provided by the confidential informant. The officer wants to use tthe 2-prong Aguilar test to determine if the information provided by the confidential informant establishes probable cause. What are the 2-prongs of the Aguilar test?
Crediblity of the informant
Informant's basis of knowledge.
Before being allowed inside a football stadium, all fans were required to have their personal items searched by a private security officer. When security looked into Colt's backpack, he saw a sawed-off shot gun. The security officer seized the weapon and turned it over to a Fed LEO. Colt was latter charged with a firearms offense. At his criminal trial, Colt files a motion to suppress the sawed-off shotgun, arguing that the stadium security officer violated his 4th amendment rights. Colt's motion will likely be:
Denied! The stadium security officer was conducting a private search; therefore, the 4th amendment did not apply.
Johnson lived in Little Rock, Arkansas his whole life. Johnson and some friends in Arkansas developed a hatred of the Federal government, and decided to blow up the Federal Building in Dallas, Texas. Johnson, with the help of his friends, actually went to Dallas and blew up the Federal Building. Following extensive investigation, Johnson is eventually arrested by Federal Agents in New York and charged with blowing up the Federal Building. Where must Johnson’s trial for blowing up the Federal Building take place?
A. Johnson’s trial must be held in New York.
B. Johnson’s trial must be held in Dallas.
C. Johnson’s trial must be held in Arkansas.
D. Johnson’s trial could be held in any federal court.
D. The rules of venue state that the trial should be held in the District where the crime occurred. However, for good reason, the trial can be moved to another Federal Court in another District (change of venue). This is particularly true where the defendant is charged with a very horrible crime, creating a prejudice which prevents a fair trial in the District where the crime occurred.
Special Agent O'Brien is investigating Cathy for illegal activity. As part of this investigation, Agent O'Brien attempted to interview Syed Witness. Syed Wittness appears to have information regarding Cathy's criminal's illegal activity, but is unwilling to voluntarily answer Agent O'Brien's questions. Regarding Syed Wittness, Agent O'Brien should?
Arrange with AUSA to have Syed witness subpoenaed to testify before the Grand Jury
Andrew Criminal robbed a bank in Brunswick, Georgia. Brunswick is in the Southern District of Georgia. Special Agent Wieborg arrested Andrew Criminal in Macon, Georgia. Macon is in the Middle District of Georgia, adjacent to the Southern District of Georgia.
Where could Special Agent Wieborg take Andrew Criminal for his initial appearance?
A. the Middle District of Georgia
B. the Southern District of Georgia if the Initial Appearance could be held on the day of arrest
C. either A or B
D. any Federal court with jurisdiction over Joe Criminal’s offense
Answer: C. The initial appearance may always be held in the District of arrest. However, if the arrest is made in a District adjacent to the one in which the crime occurred, the defendant may be taken to that District for his Initial Appearance if the Initial Appearance can be held on the day of arrest.
Federal agents obtain a valid premises search warrant to look for pornographic materials in black's home. When the warrant is executed, the agents properly knock, announce their identity and purpose, and demand admitance. Black opens the door and the agents enter. Immediately, the agents notice that four other people are inside the house. One of the individuals is recognized as Black's live-in girlfriend, Courtney. The other three persons are unknown. Without hesitating, the agents order all five people to stand and face the wall, where a frisk is conducted for the safety of the officers. During the frisk of Courtney, one agent discovers what is immediately apparent to him to be crack cocaine. He reaches in, retrieves the item, and confirms that it is cocaine. Courtney is arrested. At her trial for narcotics possession, Courtney makes a motion to suppress the cocaine. According to the law, this motion will be:
a. Granted, because, pursuant to the premises search warrant, the agents could not conduct a frisk of Courtney.
b. Granted, because, pursuant to the premises search warrant, the agents could only frisk Black, the owner of the property.
c. Denied, because the agents had a valid search warrant for the premises, and were allowed to search any occupants of the premises pursuant to that warrant.
d. Denied, because the agents had a valid search warrant for the premises, and were allowed to frisk any occupants of the premises pursuant to that warrant.
a. Granted, because, pursuant to the premises search warrant, the agents could not conduct a frisk of Courtney.
A premises search warrant does not allow law enforcement officers to either frisk or search persons who may be present on the premises at the time the warrant is executed. Instead, to frisk any individual present during the execution of a premises search warrant, agents need reasonable suspicion to believe that the individual is presently armed and dangerous. There are no facts present to support the belief that the persons in this scenario were either armed or dangerous.
Based on personal observations and witness statements, a police officer established probable cause that Musser robbed a post office, a federal felony offense. When the Police officer, who had arrest authority over the offense, saw Musser walking down the street, he arrested Musser without a warrant. The officer conducted a lawful search of Musser and recovered several books of stamps that had been reported stolen in the robbery. Musser claimed the stamps were discovered as the result of an unlawful arrest. Musser motion to suppress would likely be:
Denied! The officer had probable cause, arres authority over the offense, and located Musser in a public place.
Ari the Federal Agent is responsible for his agency’s 28 foot boat. The boat is only to be used for official law enforcement business. On the weekend Ari takes his buddies fishing on the boat, where they consume vast quantities of adult beverages. Under 18 U.S.C. §641, Ari should be charged with:
a. Possession of stolen government property.
b. Embezzlement of government property.
c. Conversion of government property.
d. Nothing.
Conversion of government property.
Ari committed the crime of conversion - improper use (misuse) of government property or denying the government the use of the property.