Test 2 Applied Authorities Exam Questions and Answers
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Course
Border Patrol
Institution
Border Patrol
CH 12
22.02.48
Describe the Border Patrol's mission and operating environment. - Answer-MISSION: To prevent the entry of terrorists and their weapons of terrorism; to enforce the laws that protect America's homeland by the detection, interdiction and apprehension of those who attempt to illegall...
Test 2 Applied Authorities Exam
Questions and Answers
CH 12
22.02.48
Describe the Border Patrol's mission and operating environment. - Answer-MISSION:
To prevent the entry of terrorists and their weapons of terrorism; to enforce the laws that
protect America's homeland by the detection, interdiction and apprehension of those
who attempt to illegally enter or smuggle any person or contraband across our Nation's
sovereign borders.
Devided into 20 operational sectors.
OPERATING ENVIRONMENT:
Line watch, Roving Patrol, City Patrol, Transportation Checks, and immigration
Checkpoints.
22.01.49
Describe the authorities granted to Border Patrol agents by INA ss 235 (a)(3) - Answer-
Authorizes agents to inspect all aliens "seeking admission," I.e. An applicant for
admission into the U.S. or in transit through it.
INA ss 235 (a)(5) Require statement under oath - Answer-Authorizes agents to require
an applicant for admission to state under oath any information sought by the agent
regarding how long the applicant intends to stay, whether the applicant is an intending
immigrant, and whether the applicant is inadmissable.
"Require statement under oath"
INA ss 235 (d)(3) Administer oath and take evidence - Answer-Authorizes agents to
Administer oaths and to take and consider evidence concerning the privilege of any
alien, or person suspected of being an alien, to enter or re-enter, transit through, or
reside in the U.S. or concerning any matter that is material and relevant to the
enforcement of the INA.
"Administer oath and take evidence"
INA ss 235 (d)(4)(a) Subpoena - Answer-Authorizes immigration officers to require by
Subpoena the attendance and the testimony of witnesses before immigration officers
and the production of books, papers, and documents relating to the privilege of any
person to enter, re-enter, reside in, or pass through the U.S., or concerning any matter
that is material and relevant to the enforcement of the INA.
"Subpoena"
INA ss 235 (d)(4)(B) - Answer-Authorizes U.S district courts to order persons who have
failed or refused to obey a Subpoena to obey the Subpoena. Failure to obey a court
order is punishable as contempt.
,INA ss 235 (d)(1) Search conveyance - Answer-W/ P.C. Authorizes agents to board and
search any vessel, vehicle or conveyance in which the agent believes aliens are being
smuggled into the U.S.
22.01.50
Describe the authority granted to Border Patrol agents by INA ss 252. -
Answer-"Constitutional permits to land temporarily"
Border Patrol agents who work in maritime location and airports use this statute to
handle the temp landing of alien crew members in the U.S.
22.01.51
Describe the authority granted to Border Patrol agents by INA ss 287 - Answer-"Powers
of immigration officers and employees"
INA ss 287 (a)(1) Interrogate aliens - Answer-Authorizes agents to interrogate any alien
(or person believed to be an alien) about the aliens right to be, or remain the the U.S.
"Alien not admitted = seeking admission
INA ss 287 (b) Administer oath and take evidence - Answer-Also authorizes agents to
administer oaths and to take and consider evidence concerning the privilege of any
person to enter the U.S. or concerning any matter that is material and relevant to the
enforcement of the INA.
INA 287 (a)(3) Search vessel in territorial waters; Search conveyance W/in 100 air miles
- Answer-Authorizes agents to board and search for aliens any vessel located in U.S.
territorial waters and any vehicle or conveyance located within a reasonable distance
from the exterior boundary of the U.S.
Reasonable distance: 100 air miles inland from the us border.
When making a stop pursuant to INA ss 287 (a)(3) at locations other than an
immigration checkpoint, an agent must have at least R.S. to stop a vehicle. any search
of the vehicle will have to be separately supported by a warrant or warrant exception.
Also authorizes officers to enter onto privetly owned lands within 25 miles of the border.
INA 287 (e) Agriculture Limitation - Answer-Limitations on BPA authority to enter private
lands. may not enter onto private ranch operation to ask a person of his immigration
status.
Warrant or consent needed.
INA ss 252 (a) Conditional permit to land - Answer-Authorizes an agent to issue an alien
crewman a conditional permit to land temp for up to 29 days.
INA ss 252 (b) - Answer-Authorizes an agent to revoke an aliens conditional permit.
, INA ss 287 (a)(2) Arrest (Administrative) - Answer-BPA may make warrentless arrest of
any alien who, in the agents presence or view, enters or attempts to enter the U.S.
An alien who is arrested without warrant must be processed within 48 hours.
INA ss 235 (b)(1) Detain for expedited removal - Answer-authorizes agents to keep
inadmissable aliens in custody pending their removal from the U.S
22.01.52
Describe the authority granted to Border Patrol agents by title 19 of the U.S.C - Answer-
19 USC 1581 authorizes border searches of vehicles at the FEB (inbound/outbound).
Tittle 19 grants BPA customs officers authority. BPA designated officers in NOV 2005.
19 U.S.C ss 1703 (a) Vessels employed or outfitted to defraud the revenue of the U.S. -
Answer-authorizes an agent to seize vessels that have been built, purchased, outfitted
in whole, or in part for the purpose of defrauding the revenue into the U.S
tittle 19 U.S.C. ss 1589a (3) Arrest (criminal) - Answer-A border Patrol agent may, with
P.C. make a warrentless arrest of anyone for any federal offence (felony or
misdemeanor) that occurs in the agent's presence, as well as any federal felony that
occurs outside of the agent's presence.
22.01.53
Identify the procedures for transporting and detaining juvenile aliens. - Answer-1. Call in
starting time and mileage of departure, and proposed route of travel
2. stay in radio contact to the degree technically possible durring transport.
3. Call in ending time and mileage upon arrival.
22.01.54
Identify when a consular notification is required - Answer-1. An alien must be advised of
his or her right to contact a consular official if she or she is arrested.
2. If the alien requests consular notification, the request must be honored and the
appropriate consular official notified without unnecessary delay within 24 hrs.
3.If alien is citizen of a country with whom the U.S. has a treaty, then a consular official
must be notified of the arrest.
4. if alien is a juvenile (under 18) and is not with parent then arresting officer should
notify the juvenile's consular.
22.01.55
Identify diplomatic immunity by applying the proper procedures for dealing with
individuals who hold diplomatic immunity - Answer-DO NOT TOUCH THEM
CH 13
22.01.56
Identify the correct actions to take during line-watch operations based on different levels
of suspicion. - Answer-Consensual Encounter With Zero Sus: Question the person; a
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