Exam 2 Quiz
Which is a true statement pertaining to the field notes taken during an investigation?
Even if a formal report is prepared original notes must be retained
Once you get to the office you can throw your original notes away
If you have copied your notes onto the computer you can place the original notes in the bin to be shredded
If notes are hand written they do not count as original notes
Law enforcement notes should be maintained until.....
Another case agent takes over the case.
All court actions, including Appeals, are completed
The suspect is indicted.
The suspects final interview is conducted.
What is the primary use of law enforcement notes?
For your group supervisor.
To give to the judge.
Aid in the memory when preparing narrative reports and to prepare for court testimony
To make yourself look busy during an interview.
What is the main consideration when deciding whether to include certain items of information in a law enforcement report?
The information is relevant and material to the case.
In order to look good for the office.
So you can arrest the suspect immediately after you have completed your notes.
If what you are writing is irrelevant and doesn't make sense.
If an opinion is stated in a law enforcement report, it should be clearly identified as an opinion? True/False
True
False
An essential element of narrative reports is that all individuals mentioned in a report should be identified except?
The agents name
The witnesses name
The suspects name
A Confidential Informant
What information are law enforcement notes required to contain?
Excessive and unnecessary information
Information with sufficient detail in order to accurately and completely reconstruct the activity
Information with highlights of information from the activity
Just major information ie. names, numbers
What is a memorandum of interview (MOI)?
A document prepared by the AUSA.
A document used to give someone their Miranda Rights.
Document prepared by an agent in order to record the specifics of an interview
A narrative document used to memorialize activity
What should be in the body of the memorandum of interview (MOI)?
All information about the suspect
Facts elicited from the interviewee in a LOGICAL and CONCISE manner.
The names and numbers of the witnesses
Facts that are irrelevant to the investigation
What is the difference between a sworn statement (affidavit) and an unsworn statement?
The oath
The Facts
Sworn Statements are more accurate than unsworn statements
Sworn statements are typed, unsworn statements are hand-written
What should the case report (prosecution report) contain?
Only felony crimes
Only Federal crimes
Full and complete listing of all potential violations of the law that the defendant has committed.
List of all the federal crimes
What is the primary purpose of the case report?
Aid in the memory when preparing narrative reports and to prepare for court testimony
Transmit details of a criminal investigation to allow the prosecuting attorney to move forward in judicial proceedings against the defendant.
Document prepared by an agent in order to record the specifics of an interview
Prepared for the judge
If an opinion is stated in a law enforcement report it should be:
Put in quotations, every time all the time
Omitted from the report
Written first thing the report
Clearly identified as an opinion
The primary purpose of law enforcement writing is:
Communicate information to the reader
Secondary copy of your notes
Establish a dialogue between the suspect and agent
Help officers remember things
You are writing a surveillance log based on notes taken throughout your surveillance. After the surveillance log is complete the notes should be:
Copied into the computer
Kept until all court proceedings have been completed.
Thrown away at the officer
Put in the shredder
Who should write and sign a sworn statement or affidavit?
Should be written by the agent or interviewee then signed by interviewee
The AUSA
The Judge
The group supervisor
How do you fix a mistake on a report or notes?
White out
Black marker
Single line through error with initials and date.
Leave the mistake until asked about it
In identifying the requirements for documenting interviews in a memo, whose hearsay, opinion, conclusions and inferences are included?
The interviewee’s
The Agent's
The AUSA's
The Judges
What is a case report/prosecution report?
Notes
A complete and all-inclusive record of an investigation that includes the details of the case, violations committed and all available evidence.
A summary of notes
Legal document for the group supervisor
In identifying uses of reports of investigations, a case report should focus on the actions of the criminal defendant, the prosecuting attorney or the criminal investigator?
The criminal defendant
The prosecuting attorney
The criminal Investigatot
A case report should be?
As complete as possible with sufficient information for the AUSA.
As basic as possible as to not divulge too much information.
Incomplete, you finish the case report after the suspect is in jail.
Short and concise
Which statement about an MOI is true?
Legal document for the group supervisor
As complete as possible with sufficient information for the AUSA.
A record of a witness’ statements to investigators that may be provided to defense counsel
Copied onto the computer/must be typed
Informants are most often used to:
Catch dirty cops
Provide information to law enforcement officers regarding possible violations of the law
Help law enforcement write reports
Run drugs
An informant who does not know they are providing information to an investigator and are less likely to compromise an investigation is a/an:
Professional Informant
Informant with industry
Private Citizen
Unwitting Informant
What is the first thing you discuss with an informant regarding the law?
Danger
Entrapment
Operation plan
Bust words
When an informant makes suggestions regarding how an investigation should be conducted what should the agent do?
Tell them they are super smart, and ask them to apply as an investigator
Tell them they are dumb
Tell them their suggestions will be considered, but the agent determines how the investigation is conducted
Take their suggestion immediately and use it
What is the best way to prevent the possibility of an informant making a false allegation against an agent or agency?
The agent should work an informant in pairs with another agent.
Document everything
Have the CI always wear a wire when you meet
CI's never make false allegations
What type of questions should an investigating officer ask when interviewing potential informants?
The agent should use both general and direct questions
Leading questions
Questions about their family
You don't need to ask them questions, just send them to the polygraph room
Why should informant contacts be documented?
To ensure you do not get sued
It is the best way to build a history of the informants reliability and credibility.
So you can write your MOI
To facilitate future operations with the informant
When working with an informant motivated by the desire for revenge, investigating officer should take special care to:
No need to do anything additional
Take advantage of his/her motivations to get more case relevant information
Investigate the informants involvement in the criminal activity
Attempt to get your CI in therapy to help with work out their issues
Which example of an informant is usually in a position to have substantive information regarding violations of the law?
Juveniles
Parolee's
Doctors
Criminals
What information about an informant would likely be the most useful in evaluating the informants information?
Past criminal history
Personal motivation to become an informant
Family and relatives that are criminals
Their address
If an investigator cannot control an informant they should continue to use them to the fullest extent possible? True/False
True
False
An informant agreement should contain a clause stating all money should be included on federal taxes. True/False
True
False
Identify the five-step OPSEC process:
Identification of Critical Information
Military Threat
Analysis of Threat
Identify number of people involved
Analysis of Vulnerabilities
Assess your group supervisors actions
Assessment of Risks
Application of Countermeasures
What elements are used to assess risk for OPSEC?
Threat, death, use
Threat, vulnerability, impact
Use, availability, vulnerability
Daily use, attacks, information
Step 2 of OPSEC: Analysis of threat requires one to examine the intent and capability of the threat? True/False
True
False
_________ means instead of getting results from one search engine, you will be getting the best combined results from a variety of engines.
Guidestar
Archive
Metasearch
Social Media
________ gathers and publicizes information about non-profit organizations.
Archive.org
Commercial resources
Social Media
Guidestar.org
There records are usually associated with the county's clerk court.
County probate records
Divorce records
Civil and criminal court records
Court clerk
_____ is a type of business entity allowed by state statute where owners have limited personal liability for the debts and actions of the business entity.
Sole proprietorship
Corporation
LLC
Partnership
_______ are public records maintained by the state government specializing in identification information on all corporations incorporated or doing business in a state.
Secretary of State records
Uniform commercial code
State Vital Statistics Bureau
Bankruptcy records
This index tracks liens secured by personal property excluding property.
Secretary of State records
Bankruptcy records
Uniform commercial code
State Vital Statistics Bureau
What records provide information on births, deaths and adoptions?
Secretary of State records
State Vital Statistics Bureau
Uniform commercial code
Bankruptcy records
This agency was designated by congress for the central collection, analysis, and dissemination of data obtained pursuant to the Bank Secrecy Act.
CrimeDex
FINCEN
CTR
DHS system
At what stage of a criminal trial is the defense required to present evidence to the court?
During a pretrial motion to suppress filed by the government.
During the defense case.
The defense is never required to present evidence at any stage of the criminal trial.
During sentencing.
In any felony case in which the government is NOT seeking the death penalty, who will decide the guilty defendant’s sentence?
The presiding judge.
The presiding jury.
The district sentencing commission.
The assigned prosecutor.
The defense has filed a pretrial motion to suppress a key piece of the prosecution’s evidence. A suppression hearing has been conducted, and both sides have presented evidence on the motion. How will the matter be resolved?
The judge will determine the motion to suppress. If she decides to grant the motion, the evidence can be presented to the jury later to help it reach its verdict. But if she decides to deny the motion, the evidence cannot be presented to the jury later to help it reach its verdict.
The jury will determine the motion to suppress. If they decide to grant the motion, the evidence can be considered by the jury in reaching its verdict. But if they decide to deny the motion, the evidence cannot be considered by the jury in reaching its verdict.
The judge will determine the motion to suppress. If she decides to grant the motion, the evidence cannot be presented to the jury later to help it reach its verdict. But if she decides to deny the motion, the evidence can be presented to the jury later to help it reach its verdict.
The jury will determine the motion to suppress. If they decide to grant the motion, the evidence cannot be considered by the jury in reaching its verdict. But if they decide to deny the motion, the evidence can be considered by the jury in reaching its verdict.
Which of the following statements best describes when evidence is relevant in a criminal trial?
Evidence will only be relevant when it assists the prosecution in meeting its burden of proving the defendant guilty beyond a reasonable doubt.
Evidence will only be relevant if it tends to prove or disprove a fact in issue in the case.
Evidence will only be relevant when it is able, by itself, to conclusively establish a key fact in issue in the case.
Evidence will only be relevant when it tends to prove a fact directly and without needing to draw an inference or conclusion about what the evidence implies.
Lawson is being tried for robbing a bank in 2015. Video shows that the robber wore an orange ski mask and a leather coat and carried a sawed-off pump shotgun. Investigators have established that Lawson was convicted of robbing a bank in 2010 while wearing an orange ski mask and a leather coat and carrying a sawed-off pump shotgun. Lawson completed his first-offender sentence and was released from prison in late 2014. The prosecutor wants to admit evidence relating to the 2010 bank robbery. Which of the following purposes would NOT support admitting evidence concerning the 2010 bank robbery?
The evidence of similar methods used in 2010 and 2015 establishes a common modus operandi circumstantially demonstrating that the same person committed both robberies.
The evidence of similar methods used in 2010 and 2015 helps establish identity by circumstantially demonstrating that the same person committed both robberies.
The evidence of similar methods used in 2010 and 2015 establishes a common plan, circumstantially demonstrating that the same person planned and committed both robberies.
The conviction in 2010 demonstrates the defendant’s general propensity to commit crimes and specific propensity to commit robberies.
Lawson is still being tried for robbing a bank in 2015. Lawson lives in Buchanan. The robbery occurred in Fillmore. The prosecutor wants to introduce evidence that Lawson’s car was spotted parked at a convenience store in Fillmore shortly before the robbery to show that Lawson was in Fillmore that day and, hence, had the opportunity to rob the bank. What kind of evidence is testimony about the parked car?
This is direct evidence.
This is parallel evidence.
This is circumstantial evidence.
This is irrelevant evidence.
Lawson is still being tried for robbing a bank in 2015. Lawson‘s defense counsel has just finished presenting the direct examination of Calliope Calhoun. Calhoun testified that she was with Lawson all day in Buchanan the day the bank was robbed in Fillmore. This alibi is relevant because it shows that Lawson could not have been in Fillmore to rob the bank. The prosecutor has learned that Calhoun has a prior felony conviction. Which of the following MUST also be true in order to guarantee that the prosecutor can use the prior felony conviction to impeach Calliope Calhoun?
The felony conviction must be a conviction for perjury or false statements.
The felony conviction must be less than 10 years old, as measured from the later of: [1] the date Calhoun was convicted; or [2] the date Calhoun was released from prison.
The felony conviction was NOT Calhoun’s first conviction.
This is a trick question because this kind of propensity evidence cannot be used to impeach Calhoun.
Lawson is still being tried for robbing a bank in 2015. Lawson‘s defense counsel has just finished presenting the direct examination of Annabelle Attaway. Attaway testified that she was with Lawson all day in Buchanan the day the bank was robbed in Fillmore. This alibi is relevant because it shows that Lawson could not have been in Fillmore to rob the bank. The prosecutor has learned that Attaway is Lawson’s daughter. The prosecutor wants to ask Attaway whether she is Lawson’s daughter in order to impeach her. The fact that Attaway is Lawson’s daughter is:
Admissible to rehabilitate Attaway as evidence of her bias.
Admissible to impeach Attaway as evidence of her bias
Inadmissible to impeach Attaway because of the collateral relationship rule.
Inadmissible to rehabilitate Attaway because it implies that Attaway has a motive to fabricate her testimony.
Lawson is still being tried for robbing a bank in 2015. Based on the Courtroom Evidence test and lecture, which of the following CANNOT be used to impeach witnesses?
Evidence of the witness’s prior statement if inconsistent with her current testimony.
Evidence of the witness’s inability to observe or accurately remember matters to which she testified.
Evidence that the testimony of the current witness is contradicted by physical evidence presented by an earlier witness.
Evidence of the witness’s arrest for murder 8 years ago.
Lawson is still being tried for robbing a bank in 2015. A ski mask was found discarded in an outdoor trash can near the bank. There is a match between the DNA found in some spit in the ski mask and Lawson’s DNA. Who MUST be available to testify in order for the prosecutor to authenticate the ski mask and admit it into evidence?
A law enforcement officer who can testify that Lawson was NOT wearing a ski mask when he was arrested.
Any bank officer with direct knowledge of the sequence of events inside the bank.
A person who found the ski mask (or saw it found) in the trash can.
The attesting supervisor of the person who found the ski mask (or saw it found) in the trash can in order to establish that witness’s honesty and credibility.
A prosecutor and an investigator are planning how to lay a foundation in order to authenticate and admit a bloody knife discovered at a murder scene. As they begin deciding which witnesses to call, which two issues must they resolve to the judge’s satisfaction before the judge will admit the physical evidence?
[1] Is the offered item the same evidence that was found; and [2] Is the evidence in the same condition as it was when it was found or, if changed, can the changes be explained?
[1] Is the offered item a reasonable facsimile of the evidence that was found; and [2] Is the evidence in the same condition as it was when it was found or, if changed, can the changes be explained?
[1] Is the offered item the same evidence that was found; and [2] Is the evidence manifestly linked to the defendant?
[1] Is the offered item a plausible facsimile of the same evidence that was found; and [2] Is the evidence plausibly linked to the defendant?
Which of the following mistakes in the handling of physical evidence would NOT be likely to ruin the chances of the government being able to authenticate and admit the evidence at trial?
Reusing evidence bags.
. Forensically examining the original hard drive of a computer rather than first making a mirror image of its contents and examining only the mirror image.
Omitting a person in the chain of custody document who handled and had possession of the evidence.
Failing to ascertain the manufacturer and seller of the evidence.
Which witnesses are generally permitted to testify from their notes and reports?
Law enforcement officers.
Expert witnesses.
Supervisory law enforcement officers.
Rebuttal witnesses.
Which of the following statements, reports and references can be used to refresh a law enforcement witness’s recollection or memory?
Only the witness’s notes.
A book, but only if it is from the witness’s library.
The witness’s partner’s notes, but only if the witness was present when the partner made the notes.
Any of the above.
Which of the following statements concerning a law enforcement officer’s notes and reports is NOT true?
Officer’s notes concerning interviews of witnesses should include copies of written materials the witness needed to refresh the witness’s memory when she was interviewed.
The prosecutor can give the officer his notes while the officer is testifying in order to refresh the witness’s memory under certain circumstances.
A law enforcement officer’s notes cannot be used to impeach the officer’s testimony.
A law enforcement officer is allowed to use his notes and reports while meeting with the prosecutor to prepare for court.
Which of the following best defines the Best Evidence Rule?
A duplicate of an original document can never be used at trial to prove the contents of the original document.
If the original document is available, it generally must be used to prove the contents of the document.
When proving the contents of a document, sworn testimony by the drafter of that document is preferred to admitting the original of the document.
. Eyewitness testimony is generally preferred to the testimony of witnesses who merely heard about the event in question.
Which of the following best describes the impact of the rule against hearsay when admitting public records/documents and business records?
If the document is properly authenticated or self-authenticated, the rule against hearsay generally does not bar its being admitted to prove the truth of its contents.
A law enforcement officer’s report, if properly self-authenticated, can be admitted to prove the truth of its contents if the officer does not appear to testify in court.
ONLY IF: (1) the document is a record of a for-profit business and (2) the document is properly authenticated or self-authenticated, will the rule against hearsay not bar its being admitted to prove the truth of its contents.
ONLY IF: (1) the document is a federal public record/document and (2) the document is properly authenticated or self-authenticated, will the rule against hearsay not bar its being admitted to prove the truth of its contents.
Which of the following documents are NOT generally self-authenticating?
A business record.
A federal public document.
A crime-scene photograph.
A state public document.
Johnson is charged for failing to file income taxes. Prior to trial, Johnson makes a motion to dismiss the charge on the grounds that the indictment does not accuse him of actually performing an illegal act. Johnson’s motion should be:
Granted, because all crimes require, at the minimum a physical act by a defendant that is illegal.
Granted, because all crimes require specific intent to commit the crime
Denied, because a crime can be based on a failure to act.
Denied, because a federal indictment can be based on unwritten law.
A statute says it is a felony to possess 5 or more false identification documents knowing that the false identification documents were produced without lawful authority. The facts elicited at trial reflect that the defendant only possessed 4 false identification documents that the defendant knew were produced without lawful authority. What offense has the defendant committed?
A misdemeanor, because it takes 5 or more documents to make the offense a felony.
A felony, because the defendant knew the documents were produced without lawful authority.
No offense under this statute.
A misdemeanor, because although he did not possess 5false documents, he knew the 4 he did possess were obtained without lawful authority.
Terry is indicted on a charge of murdering his boss. He was tried and convicted of the murder. Terry appeals his conviction, claiming that it should be overturned, because the prosecutor never proved at trial that he had a motive for committing the murder. His appeal should be:
Granted, because all crimes require the prosecutor to prove a motive.
Granted, because society needs to know why workplace violence is occurring.
Denied, because the motive can always be inferred from the crime.
Denied, because the prosecutor does not have to prove motive.
In determining whether or not a crime is a felony versus a misdemeanor, the U.S. District Court Judge will look at the:
The common law.
The maximum jail time allowed for the offense.
The prosecutor’s sentencing recommendation.
The number of crime victims.
Crook is sentenced to 6 months in jail upon conviction of his crime. Crook got off easy. He could have been sentenced to eighteen months by the U.S. District Court judge. Crook has been convicted of a:
Felony
Misdemeanor
Infraction
Tort
A local deputy sheriff arrests Hector for a state felony that occurred within the boundaries of the Wenatchee National Forest. Hector makes a motion to dismiss the charge, arguing that the deputy sheriff had no authority to make an arrest within the Wenatchee National Forest, because state laws do not apply within the National Forest. The judge finds that the Wenatchee National Forest is an area of concurrent jurisdiction. Based on that finding, Hector’s motion will be:
Granted, because the Assimilative Crimes Act does not apply in areas of concurrent jurisdiction.
Granted, because state law cannot be enforced in areas of concurrent jurisdiction.
Denied, because state law can always be enforced on any federal land or facility within that state.
Denied, because the state may always enforce its law in areas of concurrent jurisdiction.
The Assimilative Crimes Act, 18 U.S.C. §13, allows criminal acts to be prosecuted in:
State courts by absorbing state law which will be used to define the elements of the offense.
State courts using federal law to define the elements of the offense.
Federal courts using federal law to define the elements of the offense.
Federal courts using state law to define the elements of the offense.
Barney is an off-duty federal law enforcement agent. He is sitting in a bar drinking beer and watching a football game. Fred, another patron in the bar who Barney has never met, is creating a disturbance, making it difficult for Barney to watch the game. Barney asks Fred to “hold it down.” Fred walks up to Barney and hits Barney in the face, breaking two of Barney’s teeth. Fred can be criminally charged with:
Assault under state law
Violating Barney’s Constitutional Rights under 42 U.S.C. §1983.
Assault of a federal officer under 18 U.S.C. § 111
A tort under either state or federal law.
Casper, a retired federal law enforcement officer, walks into a restaurant to have dinner. As he is seated a man walks up to him and says, “Remember me? You are the “Fed” that arrested me and sent me to prison for five years.” The man then punches Casper in the face, cutting his lip and knocking out his dentures. The suspect is arrested and charged with assault on a federal officer pursuant to 18 U.S.C. §111. This charge should be:
Dismissed, because Casper is no longer a federal law enforcement officer.
Dismissed, because Casper did not suffer sufficient injuries that required medical attention.
Prosecuted in federal court, because the suspect assaulted Casper on account of Casper’s performance of official duties during his law enforcement career.
Only prosecuted in state court, because there is no federal criminal law violation.
Billy Bob is an undercover federal investigator working hard to obtain evidence against Harry Doubletree in a sophisticated scheme to defraud a wealthy widow. While working in an undercover capacity, Billy Bob confronts Harry Doubletree with facts indicating the scheme to defraud the widow. This makes Harry Doubletree mad, so he punches Billy Bob in the face. When he hit Billy Bob, Harry Doubletree had absolutely no idea that Billy Bob was a federal investigator. Can Harry Doubletree be successfully prosecuted for Assault on a Federal Officer under 18 U.S.C. § 111?
No, because the Harry Doubletree had no idea that Billy Bob was working in an undercover capacity.
No, because Billy Bob did not announce his federal status that he was in fact a federal officer.
Yes, because every federal officer is protected under the statute anytime they are assaulted.
Yes, because Billy Bob was working in an undercover capacity.
Which of the following is not an offense under 18 U.S.C. § 111 (Assault on a Federal Officer or Employee)?
Bob is a federal agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). I smack him, because I do not like ATF employees who enforce firearms laws.
Red is an ATF investigator working undercover, I try to smack him for being ugly, but I miss.
Bruce is an ATF investigator. He lives next to Billy Bob, a retired police officer. Bruce’s wife’s dog just wrecked Billy Bob’s yard by digging holes in it. Billy Bob knows Bruce is an ATF investigator. Billy Bob does not care that Bruce was a federal employee. Because of what the dog did, Billy Bob walks up to Bruce after Bruce gets home from fishing and cold cocks him (knocks him out).
Ralph is an ATF agent who roams the country side locating moonshine stills. While searching for a still in a forest, the still owner, in an attempt to draw Ralph away from the still, runs by Ralph and pushes him into a grove of bramble bushes so that Ralph will chase him as he runs away from the still. The still owner did not know that Ralph was an ATF agent.
Roberts wants to smuggle counterfeit currency into Mexico. Through some acquaintances, he is placed in contact with an employee of the U.S. State Department who agrees to smuggle the counterfeit currency into Mexico in a diplomatic pouch, in exchange for a new Cadillac. They agree to meet in two weeks to make the exchange. However, the State Department employee reports this conversation to the FBI. At the subsequent meet, the FBI moves in and arrests Roberts. He is indicted for bribery under 18 U.S.C. § 201. Prior to trial, Roberts moves to dismiss the charge. His motion should be:
Granted, because at most, this is only attempted bribery.
Granted, because nothing of value changed hands.
Denied, because offering something of value in exchange for an official act by a government employee meets the definition of bribery.
Denied, because the FBI had no reasonable suspicion that Roberts engaged in bribery whatsoever.
Senator Demo casts the deciding vote on a bill that contains a big tax break to companies that import widgets from Mexico. Chuck is the president of a company named “Widgets International, Inc.” His company will benefit financially from the passage of this bill. To show his appreciation for his vote in favor of the bill, Chuck gives $50, 000 cash to Senator Demo and pays for Senator Demo’s Caribbean vacation. A disgruntled member of Senator Demo’s staff reports this transaction to the FBI. The FBI should:
Close the case, as this is not a criminal offense.
Close the case, as this is part of the normal political process.
Investigate the case, as the facts presented constitute accepting a gratuity.
Investigate the case, as the facts presented constitute bribery.
John, a college student, became psychologically depressed. He leaves school to participate in a voluntary in-patient mental health counseling, where he is treated with Thoramaxaphilisophazine, a fairly new addition to the controlled substances act. While being treated, John tried to enlist in the Army, but was rejected because he was using Thoramaxaphilisophazine, prescribed by a doctor. Thoramaxaphilisophazine is a controlled substance used to treat depression. On his way home from one of his counseling sessions, John was stopped for a traffic violation. Officers lawfully obtained his consent and searched his car. They found a firearm properly stored in the trunk pursuant to law. John told the police it was his pistol. Based on these facts is John allowed under federal law to possess the firearm?
John is not allowed to possess the firearm, because he was in an in-patient mental health counseling program.
John is not allowed to possess the firearm, because he was treated with Thoramaxaphilisophazine, a controlled substance.
John is not allowed to possess the firearm, because he was rejected for enlistment in the Army because of his drug treatment for depression.
John is allowed to possess firearm.
Which of the following cannot, under any circumstances, be a firearms violation under the Gun Control Act?
Possession of a firearm by an illegal alien.
Possession of a firearm by a felon, who has a pardon for his felony conviction.
Possession of a firearm by someone with a state two year DUI misdemeanor conviction.
Possession of a firearm by someone who is using cocaine.
A firearm was obtained as evidence from a crime scene. A brand new investigator trained at FLETC submits the correct information in order to trace the firearm. What will the firearms trace provide?
A trace will provide a list of all previous owners of the firearm.
A trace will provide a list of all firearms owned by the person who purchased the firearm.
A trace will provide a list of all related firearms used at the crime scene.
A trace will provide a list of the commercial participants and the first retail purchaser of the firearm.
What information is required to trace a firearm?
Retailer, model date of purchase and serial number.
Manufacturer, wholesaler, retailer & first retail purchaser.
Serial number, model, caliber / gauge, manufacturer
Manufacturer, serial number, retailer, date of purchase
Pursuant to federal statute, what items are illegal to possess in a federal facility?
A knife with a blade under 2 ½ inches long.
A knife that has a blade that is 2 inches long.
A knife that has a blade that is 2 ¼ inches long.
A knife that has a blade that is 2 1/2 inches long.
Pursuant to a federal firearm statute, which of the following firearms must be registered and a tax paid?
A rifle that has a barrel length of exactly 16 inches.
A shotgun that has a barrel length of 18 ¼ inches.
A rifle that has an overall length of 26 ½ inches.
A machine gun with a barrel length that is exactly 16 inches.
Frank, the Federal Agent, while TDY, parks his unmarked federal government vehicle outside Denny’s Restaurant while he stops for breakfast. He leaves the keys in the ignition. While Frank is inside, Tom steals the vehicle so that he can sell it to a stolen car ring. Tom did not know it was a federal government vehicle when he took it. Based on these facts, should Tom be charged with violating 18 USC §641?
Yes. Tom could be charged with conversion of government property under 18 USC § 641.
No. Tom could not be charged under 18 USC § 641, because he did not know it was a federal government vehicle
Yes. Tom could be charged with theft of government property under 18 USC § 641.
No. Tom could not be charged with any form of theft, because Frank consented to Tom’s taking the vehicle by leaving the keys in the vehicle.
What are the three phases of memory?
Coding, filing, acquiring
Encoding, Storage, Retrieval
Acquiring, remembering, storage
Retrieval, filing, coding
One of the main goals of the cognitive interview is to mentally reinstate both the physical and psychological environment of the event? True/False
True
False
Each guided retrieval during the cognitive interview process should take how long?
5 mins
15 mins
20 mins
1 hour
When interviewee a victim or witness during a cognitive interview where should you position yourself?
90 degree angle
10 degree angle
45 degree angle
Right in front of the witness/victim
What technique can be used during a cognitive interview to detect deception?
Reverse order reporting
Building rapport
Asking open ended questions
Having the witness/victim/suspect close their eyes
Financial institutions are required by law to file this document when they are involved in a transaction with a customer involving more than $10,000 or foreign equivalent.
CMIR
FINCEN
SAR
CTR
This form is required to be completed by a trade or business that receives more than $10,000 in cash in one transaction or two or more related transactions.
8300
SAR
CTR
FBAR
___________ is a computerized information system containing documented criminal justice information.
NLETS
FINCEN
NCIC
ACCURINT
_______ is a nine-character identifier assigned by NCIC to an agency in order to identify the agency in transactions on the NCIC system.
Wanted person file
Originating agency identifier
Interstate identification index
Unidentified person file
One of INTERPOL's most important functions is to help police in member countries share critical crime-related information using the organization's system of international notices. True/False
True
False
The INTERPOL notice is used to collect additional information about a person's identity or activities in relation to a crime.
Red
Blue
Black
Yellow
This INTERPOL notice is not an international arrest warrant; it is to seek the arrest or provisional arrest of a wanted persons with a view of extradition.
Red
Blue
Black
Yellow
A routine hit must be confirmed within 10 minutes while an urgent hit must be confirmed within an hour. True/False
True
False
What organization is responsible for running NCIC and NLETs?
FBI
DOJ
ICE
CIA
What are some challenges an investigator may face without good case organization?
Losing sight of investigative focus
Expending more time and effort with little result
Inability to properly present evidence
Failure to identify evidence due to volume of material
All of the above
_________ is an electron case organization method using a spreadsheet
Investigative File Inventory
MOI
IFI
Filing system
Both A and C
All of the following are headings in an IFI except...
Inventory Control Number (ICN)
Location
Witness 1 and 2
Category
Keyword description
Date
Hyperlink
Relevant Information
Additional Columns
With the exception of privileges when do federal rules of evidence apply?
Prior to initial appearance
Once subject is arrested
Only during trial
Following the trial
The AUSA wants Mr. Witness to testify. Who decides if Mr. Witness is telling the truth?
The LEO
The Victim
The Judge
The Jury
The prosecutors offers a bloody gun into evidence at trial. The defense attorney objects. The judge sustains the objection. When does the jury see the evidence?
During the trial
Never
Whenever they request it
During deliberation
How much evidence must the defendant present at trial?
Not a single piece, he can sit there and not say a word and still be found not guilty
All the evidence he has
Anything that has DNA on it
Everything approved by the prosecutor
Jonny testifies he saw a killer shoot sue. This is an example of....
Relative Evidence
Direct Evidence
Circumstantial Evidence
Irrelevant Evidence
The killers fingerprints are on the gun that killed sue. This is an example of.....
Relative Evidence
Direct Evidence
Circumstantial Evidence
Irrelevant Evidence
When the defense attorney cross examines you (the LEO), he is most likely trying to...
Trying to help you do your best
Seeking justice
Just trying to discover the truth
Trying to impeach or discredit you
How might a defense attorney try to impeach a witness for the prosecution?
Show the witness was arrested last year for a felony
Show the witness was convicted of a felony in the last 10 years
Show the witness is a liar
Show the witness was paid $100 to testify
B, C and D
In order to prove the cocaine you seized last year was transferred to the evidence custodian and sent to the lab for analysis is the same cocaine being offered into evidence what do you need to show?
Chain of custody
The piece of evidence
Nothing, you are a law enforcement officer, they trust you
The lab tech
We have a nice chain of custody for the drugs we seized. We still need an expert to testify that the drugs are really drugs? True/False
True
False
You are testifying and forget the make of the defendants car. You ask if you can refresh memory who will see your notes?
The Jury
The Defense
The Judge
Both B and C
You want a document to be admitted in court. It is NOT a certified government record or a business record, what will you need in order to utilize this document?
A witness to testify/authenticate the document
Nothing, it is fine as it is
A Notary
Have the jury read the document before the trial
The jury decides who is credible and what facts to believe. True/False
True
False
Federal Rules of evidence do not apply to.....
Grand jury
Initial appearing
Suppression hearings
Appeals
All of the above
What is the best type of evidence?
Direct
Relevant
Circumstantial
Both A and C
Any witness who testifies can be impeached. True/False
True
False
Bob was arrested for lying to the police. He was not convicted; can the defense attorney use this to impeach bob as a witness?
Yes
No
Collecting evidence in a way that preserves trace evidence does not mean you can lay a foundation later. True/False
True
False
Sherry is an attorney who worked with the deceased on the will. She is called as a witness to authenticate the will. The will was destroyed by one of the children prior to trial. Can Sherry talk about what is in the will?
Yes
No
The prosecutor wants to offer a bloody gun into evidence. The defense attorney believes this evidence is objectionable and does not want It mentioned in court he can..
File a motion to impress
File a motion to suppress
File a motion to express
Keep fingers crossed
Circumstantial evidence is different from direct evidence because circumstantial evidence requires ..
Proof
Witnesses
Inference
No additional information
You want a document to be admitted in court. What would the best context of the document be ?
Photo copy
Do not need the document
Original
Hand written
What are some common issues related to ethical behavior in the law enforcement environment.
Misuse
Falsification of official records
Telling the truth
Unauthorized/improper disclosure of classified, confidential or personal information
Not have virtue
Unlawful acceptance of things of value
Supporting terrorism
SA Bob noticed his partner SA Jim take money from the evidence box. This is not the first time SA Bob has witnessed SA Jim take money from evidence. SA Bob goes to the SAC and reports SA Jim for stealing under fraud, waste and abuse; what protection does SA Bob have?
FLEO
Whistle blower protection
His SAC
Moral compass
SA Bob just completed a case. Throughout his case he demonstrated moral knowing and moral feeling, did he exhibit good character?
Yes
No
What is ethics?
Study of and analysis of morality. Principles based on agreed upon standards of behavior that communities are agreed upon.
Regard what is good and constitute permission behavior; the rules that prescribe proper action.
Internal beliefs and ideals, based on how a person sees the world.
Acknowledge the rights and values of another person
What are the 6 core values for law enforcement?
Integrity
Leadership
Fairness
Duty
Respect
Honesty
Courage
Loyalty
Compassion
__________ Universal principals by which all societies organize themselves.
Courage
Values
Virtues
Morals
Identify influences that affect ethical decision-making.
Peer Pressure
Slippery Slope
Morals
Rationalization
Nobel Cause Corruption
Being the best
Street level bureaucracy
Hypervigilence
Victim Based Thinking
Rigidity and inflexibility
Acts of omission, acts of commission/administrative, acts of commission/criminal are a result of...
Nobel Cause Corruption
Victim based thinking
Rationalization
Peer Pressure
_____ has three elements, awareness, knowledge and skills. Integration and transformation of knowledge about different cultures into possible standards, practices and attitudes, used in appropriate cultural settings to increase the quality of response from police.
Culture
Integration
Cultural competance
Intercultural communication
Neutrality, respect, trustworthiness and voice are the four pillars of....
Intercultural communication skills
Integration
Cultural competency
Procedural justice
Civil rights act 1964 prohibits discriminating on the basis of....
Sex
Race
Color
Religion
National origin
Sex
LGBT
A key aspect to this type of sexual assault is the harasser's power to control the employee's employment benefits.
Quid pro quo
Hostile work environment
Civil rights act of 1964
Title VII
SA Lucy started at a new office, her boss is not allowing her to go on warrants. She is only allowed to sit at her desk and file paperwork. She has heard her boss tell a colleague it is because she is a girl and their job is in the office. This is an example of what type of sexual harassment?
Malicious behavior
Quid pr quo
Hostile work environment
Work privleges
Someone who has experienced sexual harassment must file a complaint with his/her Agency's EEO officer within how many days of the date that the matter alleged to be discriminatory?
15 days
30 days
5 days
45 days
What is the penalty for misuse of a government vehicle?
15 days
30 days
90 days
5 days
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