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what does the forth amendment protect against?
Unreasonable search and seizures
May arrest based on a _______
Federal arrest warrant
The use of force by a government actor must be both ______ and _______.
Necessary and reasonable
What exception allows you to search a person who's just been arrested?
Search incident to arrest
What can an officer be searching for?
Aliens, evidence of admissibility and merchandise, which includes goods, wares, and chattels of every description, including contraband and monetary instruments
The forth amendment requires searches and seizures to be supported by _______ and a ________, or an ________ to the warrant requirement.
Probable cause, warrant, exception
May arrest without a warrant for any federal felony when the officer has this level of suspicion:
Probable cause
What is the legal standard for use of deadly force?
The officer must of probable cause that the subject poses imminent threat to cause death or bodily harm
What does an officer need to conduct a search under the mobile conveyance exception?
Probable cause that there is contraband or evidence
Where can a border search be conducted?
At the border, the FEB, or extended border
This rule excludes unlawfully obtained evidence from being admitted at criminal trails. Its purpose is to disclose officers from violating the Constitution. What is the name of the rule?
Exclusionary rule
May arrest without a warrant for a federal _________ if the officer sees the suspect commit the offense in the officer's presence
Misdemeanor
What is the definition of a search?
Any government intrusion into an REP or constitution protected area
Are searches based on conduct reasonable?
Yes, as long as
Consent was knowing and voluntary
Consent was given by someone with authority to consent and
Search was limited to the consent
What is required for an FEB inbound border search?
Reasonable certainty there has been a border nexus
Reasonable certainty there has been no material change
First practical detention point
This doctrine extends the exclusionary rule to include items indirectly obtained by unlawful government conduct. What is the name of the doctrine?
The fruit of the poisonous tree
What is the definition of the seizures of a thing?
Government interference with a persons possessory interests in property
What does REP stand for?
Reasonable expectation of property
What are the "three W's" of a border search?
Who, What, and where
What is border nexus?
Actually crossing the border
Having meaning contact with uninspected things from the border
What are the levels of suspicion list them from lowest to highest?
Zero suspicion
Some or mere suspicion
Reasonable suspicion
Probable cause
Reasonable certainty
Proof beyond reasonable doubt
What is the definition of seizures of a person?
Government interference with a persons freedom of movement, where a reasonable person would not feel free to leave
What is a plain view seizure?
An officer may seize an item when making a lawful observation of an item, has lawful access to the item, and there is obvious probable cause that the item is contraband or evidence
Who may perform a border search?
Authorized government officers, including CBP, HSI, Coast Guard, and other cross-designated
What factual basis does CBP policy require when conducting a full patdown?
At least one articulable fact