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Legal Training Handbook FEDERAL LAW ENFORCEMENT TRAINING CENTERS OFFICE OF CHIEF COUNSEL GLYNCO, GEORGIA LEGAL TRAINING HANDBOOK 2019 Foreword January 2019 The mission of the Federal Law Enforcement Training Centers (FLETC) is to serve as the federal government’s leader for, and provider of, world-class law enforcement training. In fulfilling this mandate, Office of Chief Counsel (OCC) Attorney-Advisors / Senior Instructors provide legal training in all areas of criminal law and procedure, including Constitutional law, authority and jurisdiction, search and seizure, use of force, self-incrimination, courtroom evidence, courtroom testimony, electronic law and evidence, criminal statutes, and civil liability. While a large part of the OCC training mission focuses on newly hired law enforcement officers, the OCC also provides training for advanced law enforcement officers and attorneys in the Continuing Legal Education Training Program (CLETP) and related Legal Updates. In this spirit, we offer our Legal Training Handbook. The 2019 edition includes materials for basic training, advanced training, and for field use. The Legal Training Reference Book is a companion to the Handbook. The Additional Resources section in it contains numerous pieces of legal information helpful in your day-to-day activities as a law enforcement officer. It is our hope in the Office of Chief Counsel that the Legal Training Handbook and Reference Book can serve law enforcement students and law enforcement officers alike. While this text provides an exceptional review of important legal concepts, you should not limit yourself to this publication. An additional resource for federal, state and local law enforcement officers and agents is the FLETC.gov website: https://www.fletc.gov/legal-resources Located there are a number of resources including articles, podcasts, links, federal circuit court and Supreme Court case digests, and The Federal Law Enforcement Informer. The Informer is a monthly newsletter that includes United States Supreme Court and federal circuit court case summaries covering a variety of topics of interest for law enforcement officers. To receive The Informer free each month, please email me at [email protected]. No one but the FLETC OCC will have access to your email address, and you will receive mailings from no one except the FLETC OCC. Along with the entire staff at the FLETC Office of Chief Counsel, I wish you success in your efforts. We hope to continue to provide excellent legal training programs, tools, and resources throughout your law enforcement career. Ken Anderson Editor ii Table of Contents Current Legal Instructors..............…………………………….....v Chapter 1 – Authority and Jurisdiction………………………….1 Chapter 2 – Conspiracy and Parties………………………..……21 Chapter 3 – Constitutional Law…………………………………..35 Chapter 4 – Courtroom Evidence…………………………………65 Chapter 5 – Courtroom Testimony..................................101 Chapter 6 – Criminal Law – Introduction………….…………147 Chapter 7 – Criminal Law – Assault / Bribery……………...155 Chapter 8 – Criminal Law – Federal Firearms Offenses….163 Chapter 9 – Criminal Law Federal Drug Offenses…..……..173 Chapter 10 - Criminal Law - The Entrapment Defense…..177 Chapter 11 – Criminal Law - False Statements…………....183 Chapter 12 – Criminal Law – Theft / Embezzlement / Conversion / Receipt of Stolen Property….187 Chapter 13 Criminal Law – Federal Fraud Statutes……….195 Chapter 14 – Criminal Law – Human Trafficking…………..211 Chapter 15 – Electronic Law and Evidence......................223 Chapter 16 – Federal Court Procedures...........................279 Table of Contents iii Table of Contents Chapter 17 – Fourth Amendment....................................337 Chapter 18 – Government Workplace Searches...............457 Chapter 19 – Fifth and Sixth Amendments.....................473 Chapter 20 – Officer Liability..........................................511 Chapter 21 – Use of Force...............................................539 iv Table of Contents Current Legal Instructors Federal Law Enforcement Training Centers Office of Chief Counsel Glynco, Georgia Brad Lawrence is the Chief of Legal Division at the Federal Law Enforcement Training Centers, Glynco, Georgia. Prior to his current position Brad served as the Branch Chief over the Practical Applications Branch (PAB) in the Enforcement Operations Division (EOD). Before joining EOD, Brad was a Branch Chief in the Physical Techniques Division and a Senior Instructor in the Legal Division, where he was the topical area expert on Use of Force and a Taser instructor. Before joining the FLETC, Mr. Lawrence spent 12 years as a law enforcement officer, including three years with the University of Oklahoma Police Department, where he was on the department’s Special Response Team, and 1 ½ years as an inspector with the former Immigration and Naturalization Service (INS). Brad then spent nearly eight years as a patrol officer with the United States Park Police’s San Francisco Field Office. Brad served on the Park Police Special Event Team and was a field-training instructor. While he was a patrol officer on the midnight shift, Brad attended law school in the evenings. He graduated Cum Laude from the University of San Francisco School of Law in 2000, was admitted to the California bar and joined the U.S. Air Force as a Judge Advocate. Brad served 5 years on active duty before coming to FLETC, stationed at Lackland AFB, TX. While in the JAG Corps, Mr. Lawrence litigated over 45 general and special courts-martial. Brad still serves as a Lieutenant Colonel in the Air Force Reserve, and is currently the Staff Judge Advocate for the 927th Air Refueling Wing at MacDill AFB, Florida. Mr. Lawrence can be reached at: (912) 267-2729 or [email protected]. Current Legal Division Instructors v Paul Sullivan is a Branch Chief in the Legal Division at the Federal Law Enforcement Training Centers, Glynco, Georgia. Paul is a graduate of Creighton University School of Law (J.D.) and Buena Vista University (B.A.). He served as a police officer for the City of Leawood, Kansas before attending law school and becoming a prosecutor in Nebraska. In 2010, he accepted a position working in Liberia, West Africa, where he worked with the Ministry of Justice to train judges, magistrates, and police officers on behalf of the U.S. Department of State. In 2013, Paul was a Prosecution Justice Advisor as part of Combined Joint Interagency Task Force-435, in the National Security Courts, Parwan, Afghanistan. Paul was an Advisor to Afghan Prosecutors in over three-hundred trials involving defendants charged with terrorism related offenses under the Laws of Armed Conflict (LOAC). Mr. Sullivan can be reached at (912) 267-2611 or [email protected]. Patrick Walsh is a Branch Chief in the Legal Division at the Federal Law Enforcement Training Centers, Glynco, Georgia. Before joining the Legal Division, Patrick served as an Assistant U.S. Attorney in the District of Nevada, where he prosecuted major drug traffickers, violent criminals, white-collar criminals and suspected terrorists. He also served as the lead national security and terrorism prosecutor for the district. Mr. Walsh is a military reservist who recently served three years as an Associate Professor in the International and Operational Law Department of the U.S. Army Judge Advocate General’s Legal Center and School. He deployed to Iraq in 2008 as a legal advisor to a military police unit. He has also taught law students as an adjunct professor at the University of Nevada at Las Vegas, Boyd School of Law. Mr. Walsh received his undergraduate degree from Loyola Marymount University, his law degree from the University of California at Berkeley School of Law, a LL.M. emphasizing international law from the U.S. Army’s Judge Advocate General’s Legal Center and School and a second LL.M. focusing on national security law from the University of Virginia School of Law. Mr. Walsh can be reached at (912) 280-5210 or [email protected]. vi Current Legal Division Instructors Ken Anderson was an Assistant Solicitor in the Fourteenth Judicial Circuit in South Carolina. As an Assistant Solicitor, Mr. Anderson prosecuted adult and juvenile defendants for crimes including murder, armed robbery, criminal sexual conduct, burglary, distribution of drugs, aggravated assault, and driving under the influence. He also represented the state in civil forfeiture actions. Mr. Anderson taught legal classes for officers participating in the South Carolina Reserve Officers Training Program. Mr. Anderson received his BA from The Citadel, Charleston, South Carolina and his JD from Salmon P. Chase College of Law, Highland Heights, Kentucky. Mr. Anderson has been an active member of the South Carolina Bar since November 1996. Mr. Anderson can be contacted at (912) 267-3429 or [email protected]. Amanda (Blackledge) Barak is a former city attorney for the City of St. Marys, Georgia. She also served as the City’s solicitor and created and managed a Pretrial Intervention and Diversion Program for first time non-violent offenders. While living overseas in Singapore for five years, Ms. Barak worked as a public affairs specialist for the U.S. Navy where she worked hand in hand with hey Navy leaders as part of the installation leadership team. She also volunteered as a Sexual Assault Prevention and Response Victim Advocate for the Navy. Most recently, Ms. Barak because a registered neutral with the Georgia Office of Dispute Resolution. She mediates general
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