Criminal Law & Procedure Flashcards

Under 18 U.S.C. 1001, what is the general maximum prison term for knowingly and willfully making a materially false statement to a federal agent in a non-terrorism matter?

Answer: 5 years

Section 1001 carries up to 5 years imprisonment (8 years if terrorism-related).

What is the maximum imprisonment under 18 U.S.C. 1924 for unauthorized removal and retention of classified documents at an unauthorized location?

Answer: One year

Section 1924 provides a fine and/or imprisonment of not more than one year.

When are Miranda warnings constitutionally required?

Answer: Before custodial interrogation

Miranda applies when a suspect is both in custody and subject to interrogation.

What does the exclusionary rule generally do?

Answer: Suppresses evidence obtained in violation of constitutional rights

Evidence obtained through unconstitutional searches or seizures is generally inadmissible against the defendant.

A contract security guard searches an employee's locker on the company's own initiative. Why is the Fourth Amendment typically not the controlling issue?

Answer: The Fourth Amendment restrains government actors, not purely private parties

The Fourth Amendment applies to government action, unless the private party acts as an agent of the government.

Which statute covers gathering or delivering national defense information to aid a foreign government and allows penalties up to death or life imprisonment?

Answer: 18 U.S.C. 794

Section 794 is the core espionage statute for transmitting defense information to a foreign government.

The Intelligence Identities Protection Act primarily prohibits what?

Answer: Disclosing the identity of covert intelligence agents

The Act criminalizes intentional disclosure of information identifying covert agents.