DEA Grand Jury & Trial Testimony 2

Question 1

When a DEA agent is subpoenaed to testify before a grand jury, who has authority to excuse the agent from appearing?

Accepted Answer

The U.S. Attorney or AUSA handling the case

Answer

The U.S. Attorney or AUSA controls grand jury proceedings and is the only official who can excuse a subpoenaed witness from appearing.

Question 2

A defense attorney asks a DEA agent on the witness stand about the contents of a confidential informant file. The agent should:

Accepted Answer

Assert the law enforcement privilege and await the judge's ruling

Answer

The law enforcement privilege protects sensitive investigative materials; the agent should assert it and let the court determine disclosability.

Question 3

In federal court, the rule requiring the government to produce prior recorded statements of a witness after that witness testifies on direct examination is known as the:

Accepted Answer

Jencks Act

Answer

The Jencks Act (18 U.S.C. § 3500) requires production of prior statements of government witnesses after they testify on direct examination.

Question 4

A DEA agent notices during cross-examination that opposing counsel is mischaracterizing the agent's earlier testimony. The best response is to:

Accepted Answer

Politely correct the mischaracterization before answering

Answer

A witness may correct a mischaracterization of prior testimony before responding to maintain accuracy of the record.

Question 5

During a grand jury proceeding, a witness invokes the Fifth Amendment privilege against self-incrimination. The prosecutor may overcome this by:

Accepted Answer

Granting use immunity under 18 U.S.C. § 6002 and compelling testimony

Answer

Use immunity under 18 U.S.C. § 6002 strips the witness of Fifth Amendment protection by prohibiting use of compelled testimony against them.

(DEA) Certified Drug Enforcement Administration Specialist Practice Test

(DEA) Certified Drug Enforcement Administration Specialist Practice Test

DEA Grand Jury & Trial Testimony 2