DEA Interagency Collaboration & Legal Procedures 2 — Questions and Answers
Question 1: Which federal statute authorizes the DEA to share intelligence with foreign law enforcement agencies during drug trafficking investigations?
- Freedom of Information Act
- 21 U.S.C. § 951 (Controlled Substances Import/Export Act) (Correct answer)
- Privacy Act of 1974
- Federal Records Act
Correct answer: 21 U.S.C. § 951 (Controlled Substances Import/Export Act)
21 U.S.C. § 951 governs controlled substance import/export offenses and supports international cooperation in drug trafficking cases.
Question 2: In a joint DEA-FBI investigation, which agency typically takes the lead when a drug trafficking organization is also engaged in terrorism financing?
- DEA, because drugs are the primary offense
- FBI, because terrorism financing falls under its primary jurisdiction (Correct answer)
- ATF, because financial crimes are its domain
- DHS, because border security is involved
Correct answer: FBI, because terrorism financing falls under its primary jurisdiction
The FBI has primary jurisdiction over terrorism-related offenses including terrorism financing, even when drug trafficking is also involved.
Question 3: A DEA agent receives information from a confidential informant about a cartel operation. Which document must be completed to formalize the informant's status and legal protections?
- DEA Form 202 (Confidential Source Establishment) (Correct answer)
- DEA Form 7 (Report of Drug Property Collected)
- DEA Form 6 (Report of Investigation)
- DEA Form 12 (Chain of Custody)
Correct answer: DEA Form 202 (Confidential Source Establishment)
DEA Form 202 is required to officially establish a confidential source and document the associated legal protections and agreements.
Question 4: Under the Posse Comitatus Act, which action is generally PROHIBITED when DEA seeks military assistance?
- Using military surveillance equipment with a court order
- Receiving logistical support from the National Guard
- Having military personnel make drug arrests (Correct answer)
- Sharing drug intelligence with DoD agencies
Correct answer: Having military personnel make drug arrests
The Posse Comitatus Act prohibits the use of federal military personnel to execute civilian law enforcement functions such as making arrests.
Question 5: When DEA and ICE collaborate on a drug smuggling case at the U.S.-Mexico border, which Memorandum of Understanding (MOU) framework governs their coordination?
- The 2006 DEA-ICE MOU on Workgroup Investigations (Correct answer)
- The Homeland Security Act of 2002
- The Controlled Substances Act Section 201
- The Border Security Joint Task Force Agreement
Correct answer: The 2006 DEA-ICE MOU on Workgroup Investigations
The 2006 DEA-ICE MOU establishes protocols for coordinating overlapping drug and immigration investigations to avoid conflicts.
Question 6: Which legal doctrine allows DEA agents to seize drug evidence found in plain view during a lawful entry without a separate search warrant?
- Exclusionary rule
- Plain view doctrine (Correct answer)
- Fruit of the poisonous tree
- Inevitable discovery rule
Correct answer: Plain view doctrine
The plain view doctrine permits warrantless seizure of evidence when officers are lawfully present and the incriminating nature of the item is immediately apparent.
Question 7: A DEA special agent wants to monitor wire communications in a cartel investigation. Under Title III of the Omnibus Crime Control Act, who must authorize the application?
- The DEA Administrator
- A federal district court judge
- The U.S. Attorney General or a designated assistant (Correct answer)
- The FBI Director
Correct answer: The U.S. Attorney General or a designated assistant
Title III requires that wiretap applications be authorized by the Attorney General or a specially designated Assistant Attorney General before submission to a judge.
DEA Interagency Collaboration & Legal Procedures 2
Which federal statute authorizes the DEA to share intelligence with foreign law enforcement agencies during drug trafficking investigations?