Grand Jury & Trial Testimony Flashcards
7 cards from real DEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Grand Jury & Trial Testimony flashcards as text
When preparing to testify, a DEA agent reviews case reports containing information derived from a Title III wiretap. The agent should be aware that:
Answer: The interception must have been authorized by a federal judge under 18 U.S.C. § 2518
Title III authorizations must be obtained from a federal judge under 18 U.S.C. § 2518, and the agent must be prepared to establish this foundation.
A defense attorney asks a DEA agent, 'Isn't it true you've made mistakes in past investigations?' The best practice response is:
Answer: Acknowledge that mistakes can occur and explain any known relevant incidents honestly
Honest acknowledgment of human fallibility, while contextualizing any specific incident, is far more credible than blanket denial.
The term 'chain of custody' as it relates to trial testimony by a DEA agent refers to:
Answer: Documentation tracking evidence from collection through court presentation
Chain of custody documents the handling, transfer, and storage of physical evidence to establish its integrity for admissibility.
During trial, the defense presents a 'battle of the experts' by calling its own chemist to challenge the government's drug analysis. The DEA case agent's role at this stage is primarily to:
Answer: Assist the AUSA in preparing cross-examination of the defense expert
The case agent supports the AUSA by providing investigative background and helping identify weaknesses in the defense expert's methodology.
Under Brady v. Maryland, the government's obligation to disclose exculpatory evidence applies:
Answer: Regardless of whether the defense requests the evidence
Brady imposes an affirmative duty on the government to disclose material exculpatory evidence whether or not the defense requests it.
A DEA agent is designated as an expert witness under Federal Rule of Evidence 702. Compared to a lay witness, the agent may:
Answer: Offer opinions based on specialized knowledge even without firsthand observation
FRE 702 expert witnesses may offer opinions based on training and experience even about matters they did not personally observe.
What must a DEA agent do if, during cross-examination, they genuinely do not remember a specific detail from an investigation conducted several years ago?
Answer: State clearly 'I don't recall' rather than guessing
Saying 'I don't recall' is truthful and appropriate; guessing or fabricating an answer constitutes perjury.