CBP / BPA CBP Law Enforcement & Criminal Investigations 2 — Questions and Answers
Question 1: Under the Fourth Amendment, what is generally required before a CBP officer conducts a search away from the border based on a tip about narcotics in a private residence?
- A search warrant supported by probable cause (Correct answer)
- Reasonable suspicion only
- Consent of a neighbor
- Approval from a supervisor
Correct answer: A search warrant supported by probable cause
Searches of a private residence away from the border generally require a warrant supported by probable cause.
Question 2: What legal standard must a Border Patrol agent meet to make an investigatory stop of a vehicle near the border?
- Reasonable suspicion of criminal activity (Correct answer)
- Probable cause
- A hunch
- Proof beyond a reasonable doubt
Correct answer: Reasonable suspicion of criminal activity
An investigatory (Terry) stop requires reasonable suspicion based on articulable facts.
Question 3: Which factor did the Supreme Court in United States v. Brignoni-Ponce hold may NOT alone justify a roving patrol stop?
- Apparent Mexican ancestry of the occupants (Correct answer)
- Erratic driving behavior
- A vehicle riding low with heavy cargo
- Proximity to the border
Correct answer: Apparent Mexican ancestry of the occupants
Apparent ethnicity alone cannot justify a stop; it may be one factor among many.
Question 4: What is the primary purpose of reading Miranda warnings to a suspect?
- To protect against compelled self-incrimination during custodial interrogation (Correct answer)
- To inform the suspect of the charges
- To begin the booking process
- To verify the suspect's identity
Correct answer: To protect against compelled self-incrimination during custodial interrogation
Miranda warnings protect the Fifth Amendment right against self-incrimination during custodial interrogation.
Question 5: When may a CBP officer use deadly force under agency policy?
- When there is a reasonable belief of imminent danger of death or serious physical injury (Correct answer)
- Whenever a suspect flees
- To stop property damage
- Any time a suspect resists arrest
Correct answer: When there is a reasonable belief of imminent danger of death or serious physical injury
Deadly force is authorized only when there is a reasonable belief of imminent threat of death or serious bodily injury.
Question 6: A subject pulls his arm away and tenses when an agent attempts to handcuff him. This is best classified as what level on the use-of-force continuum?
- Active resistance (Correct answer)
- Passive resistance
- Aggressive assault
- Compliance
Correct answer: Active resistance
Pulling away and physically resisting handcuffing is active resistance.
Question 7: What document is typically required to conduct electronic surveillance of a suspect's phone communications in a criminal investigation?
- A Title III wiretap order from a judge (Correct answer)
- A border search authorization
- A supervisor's memo
- An administrative subpoena
Correct answer: A Title III wiretap order from a judge
Intercepting wire communications requires a Title III court order based on probable cause.
CBP / BPA CBP Law Enforcement & Criminal Investigations 2
Under the Fourth Amendment, what is generally required before a CBP officer conducts a search away from the border based on a tip about narcotics in a private residence?