Homeland Security FEDERAL LAW ENFORCEMENT TRAINING CENTERS OFFICE OF CHIEF COUNSEL GLYNCO, GEORGIA LEGAL DIVISION HANDBOOK 2015 Foreword January 2015 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. As a division of the Office of Chief Counsel, the Legal Division (LGD) is committed to delivering the highest quality legal training to both basic and advanced law enforcement personnel. In fulfilling this mandate, LGD Attorney-Advisors provide training on 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 LGD training mission focuses on newly hired law enforcement officers, the LGD 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 Handbook. The 2015 edition includes materials for basic training, advanced training, and for field use. The Legal Division 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 LGD that the Handbook 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 LGD 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 published monthly and includes federal circuit court and Supreme Court case summaries covering a variety of topics of interest for law enforcement officers. Join The Informer subscription list and begin receiving The Informer for free each month by visiting this website: http://peach.ease.lsoft.com/scripts/wa peach.exe?SUBED1=fletclgd&A=1 No one but the FLETC Legal Division will have access to your email address, and you will receive mailings from no one except the FLETC Legal Division. Along with the entire staff at the FLETC Legal Division, 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 [email protected] ii Current Instructors Glynco, Georgia Ken Anderson was an Assistant Solicitor in the Fourteenth Judicial Circuit in South Carolina. As an Assistant Solicitor, Mr. Anderson prosecuted adult and juvenile offenders for crimes ranging from murder to 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. He has been an active member of the South Carolina Bar since November 1996. He can be contacted at (912) 267-3429 or [email protected]. Bruce-Alan Barnard served on fast-attack submarines in the United States Navy from 1979 to 1989. He served in the United States Air Force as a Judge Advocate (JAG) from 1996 to 2007. In 2007 he accepted a position as an attorney-advisor for ICE and served as an instructor teaching customs law at the ICE Academy. He assumed his current duties in the legal division in 2009. He has a J.D. from the University of Florida, an M.B.A. from Auburn University, and a B.S. in Adult Education from Southern Illinois University. He is a member of the Florida Bar. Mr. Barnard can be contacted at (912) 267- 2181 or [email protected]. Bob Cauthen is the Assistant Division Chief of the Legal Division. He joined the Legal Division in 1999 as a Senior Instructor. Bob was Program Manager for advance legal training programs from 2002 - 2010 with responsibility for the Continuing Legal Education Training Program (CLETP), the FLETCs Instructor Training Program (FILTP), and the Police Legal Advisors Training Program (PLATP). Bob was responsible for the Legal Division website and was editor of The Federal Law Enforcement Informer, a monthly publication containing case summaries of significant Supreme Court and Federal Circuit Court law enforcement decisions and articles of interest to Current Instructors iii agents and officers. He also served as editor of the FLETCs legal textbooks – the Handbook and the Reference Book from 2007-2009. Bob retired in March 2010 as a Captain in the Navy Reserve JAG Corps where he served as Commanding Officer of two units, a trial judge, a judge on the Navy Marine Corps Court of Criminal Appeals, and was assigned to the Office of the Judge Advocate General, Code 20, Military Justice. Bob earned his B.S. degree from Troy University, M.S degree from the University of Alabama, and J.D. from Cumberland School of Law, Samford University. Mr. Cauthen can be contacted at (912) 267-2179 or [email protected]. T.K. Caldbeck is a graduate of the University of Texas (B.A.), Oklahoma City University (J.D.), the Army Judge Advocate General’s School (LL.M.). He served in the Navy, the Marine Corps, and the Army and is a former Assistant Professor at the United States Military Academy. Mr. Caldbeck has prosecuted and defended cases in both state and federal courts. Mr. Caldbeck can be contacted at (912) 267-3021 or [email protected]. Bruce Cameron is a Senior Legal Instructor with over thirty years of experience as a legal supervisor, attorney, and legal instructor with the U.S. Treasury Department and the Department of Homeland Security. Mr. Cameron is currently assigned to the Federal Law Enforcement Training Center’s WAE Division and primarily instructs legal courses for the FLETC Legal Division. Mr. Cameron has developed and taught many legal courses including: Constitutional Law, Customs Border Search and Seizure Authorities, Courtroom Testimony, Money Laundering, Asset Forfeiture and Financial Investigations, Customs Fraud, Undercover Operations, Basic and Advanced Intelligence, Counter Proliferation Investigations, Technical Surveillance, Rights, Warnings and Disciplinary Procedures, Privacy Act, and Freedom of Information Act. Mr. Cameron is a graduate of the Ohio State University (J.D.) and the University of Maryland (B.A.). He can be contacted at (912) 267-2610 or [email protected]. iv Current Instructors Jeff Fluck served on active duty as an Army judge advocate. Assignments included prosecutor, chief of criminal law, and officer-in-charge [OIC] of five legal offices. Deployments included Desert Shield/Storm to Saudi Arabia with the 2d COSCOM and Vigilant Warrior to Kuwait with the 24th Infantry Division. He also trained military police at Forts McClellan and Leonard Wood. He is a graduate of Haverford College and Washington and Lee University Law School. Mr. Fluck can be contacted at (912) 554-4218 or [email protected]. Major Brian K. Harris is an active duty Judge Advocate in the United States Air Force, detailed to the Legal Division from the Air Force Office of Special Investigations, Air Force Special Investigations Academy, where he is currently assigned. He is a graduate of the University of Mississippi (B.A), Northcentral University (M.B.A.), and the University of Mississippi School of Law (J.D.). Maj. Harris also served in the Mississippi Army National Guard as an enlisted tank crewman before receiving a Commission as a Military Intelligence Officer. During law school, Maj. Harris was deployed to Iraq for approx. 14 months and then returned home to finish law school. After graduating law school, Maj. Harris crossed into the United States Air Force first serving at Robins AFB, GA as an Assistant Staff Judge Advocate, then at Travis AFB, CA both as the Chief of Military Justice and then as the Area Defense Counsel (ADC). As an ADC, Maj. Harris defended Air Force members in courts- martial, non-judicial punishment, and other adverse actions. Maj. Harris is a member of the bar in the State of Mississippi. Maj. Harris can be contacted at 912 554-4692 or [email protected]. Bruce Landrum retired from the United States Marine Corps after 28 years of service, the last 20 of which he served as a military attorney and judge. He taught evidence and trial practice at the Naval Justice School and has served as an instructor with the Defense Institute of International Legal Studies. From 2002 until 2004, he led the largest law office in the Marine Corps and deployed with a full-service legal team to Operation Iraqi Freedom. In 2005, he was designated as Current Instructors v Circuit Military Judge, Keystone Judicial Circuit, and later Circuit Military Judge of the new Western Pacific Circuit. From February 2008 until February 2009, he was the senior Marine Corps legal advisor in Iraq, serving as Staff Judge Advocate for Multi National Force – West in Al Anbar Province. He is a graduate of the University of Florida (B.S., J.D.), The Judge Advocate General’s School, U.S. Army, (LL.M.), and the Inter- American Defense College in Washington, D.C. He is admitted to the Bar in the State of Florida and before the United States Supreme Court and the United States Court of Appeals for the Armed Forces. Mr. Landrum can be contacted at (912) 267- 2323 or [email protected].