CBP Enforcement Law Course

7.5 MB·English

NOTICE: CIRCULATION RESTRICTED

This text, the CBP Enforcement Law Course (Fifteenth
Edition), is published for the exclusive use of Customs and
Border Protection law enforcement personnel in the
performance of their official duties. Circulation of this text is
restricted as it contains law enforcement sensitive material,
attorney work product, and privileged attorney-client
communications.

The release or disclosure of this text to persons outside U.S.
Customs and Border Protection is prohibited without the
express prior approval of the Commissioner of CBP and the
CBP Office of Chief Counsel (202-344-2990).

NO PRIVATE RIGHT CREATED

This document is an internal policy statement of CBP and
does not create or confer any rights, privileges, or benefits
upon any person, party, or entity. United States v. Caceres,
440 U.S. 741 (1979).

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FOREWORD TO THE FIFTEENTH EDITION - 2012

The CBP Enforcement Law Course is designed to address the
major areas of law relevant to CBP’s law enforcement
mission. U.S. Customs and Border Protection (CBP) was
created as a result of the Homeland Security Act of 2002,
supplemented by the President’s Modified Reorganization
Plan in 2003. As of March 1, 2003 this reorganization
transferred the U.S. Customs Service, components of the
Immigration and Naturalization Service, and the agricultural
import and entry inspection functions of the U.S.
Department of Agriculture to the Department of Homeland
Security (DHS), then renamed the U.S. Customs Service as
U.S. Customs and Border Protection, moved Customs
Investigations to U.S. Immigration and Customs
Enforcement, and added Immigration Inspections, the
Border Patrol, and Agriculture Inspections to CBP. CBP
combines personnel from three separate departments of
government (Treasury, Justice, and Agriculture) into a single
agency charged with securing, managing, and controlling the
borders of the United States.

The CBP Enforcement Law Course serves as a framework for
the legal training provided by CBP Office of Chief Counsel
attorney-instructors and as a legal resource for CBP
enforcement personnel. Prior editions of this text were titled
“Law Course for Customs Officers” and “Law Course for
Customs and Border Protection Officers.” This Fifteenth
Edition has been renamed to reflect the expanded size and
scope of CBP’s law enforcement cadre.

The 2012 edition of the CBP Enforcement Law Course
incorporates recent changes in the law that directly impact
the agency’s enforcement mission and includes new chapters
addressing Border Patrol enforcement operations, agriculture
enforcement operations, and immigration crimes. The
chapters addressing forfeiture law and trade enforcement
have been substantially revised. New sections addressing
emergency search authority, material witness/Confrontation
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Clause issues, and border search of electronic devices are
also part of the 2012 edition.

The Office of Assistant Chief Counsel (Training), under the
supervision of Associate Chief Counsel (Enforcement) Steven
Basha, is responsible for researching, writing and publishing
the CBP Enforcement Law Course. For more than thirty
years, the Office of Chief Counsel has delivered legal training
at the Glynco campus of the Federal Law Enforcement
Training Center in Georgia. A satellite Chief Counsel legal
training office was established at the Border Patrol Academy
in Artesia, New Mexico in 2005.

While the CBP Enforcement Law Course provides an excellent
overview of the major areas of law that govern CBP’s
enforcement operations, every case turns on its own facts. As
always, CBP officers and agents are encouraged to consult
their servicing Associate or Assistant Chief Counsel office for
legal advice on individual cases.

(b)(6) (b)(7)(C)
Chief Counsel
U.S. Customs and Border Protection

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TABLE OF CONTENTS

Chapter Page

1. Introduction .................................................................... 1
2. Search and Seizure ........................................................ 69
3. Border Authority .......................................................... 185
4. Diplomatic Immunity ................................................... 285
5. Rights of the Suspect and the Accused ......................... 311
6. Border Patrol Enforcement Operations ......................... 491
7. Bank Secrecy Act ......................................................... 527
8. Trade Enforcement ...................................................... 561
9. Money Laundering ....................................................... 699
10. Controlled Substances ................................................. 735
11. Conspiracy .................................................................. 751
12. Electronic Surveillance ................................................ 777
13. Right to Financial Privacy Act of 1978 .......................... 831
14. Information Retrieval and Disclosure ........................... 849
15. Forfeiture ..................................................................... 873
16. Courtroom Testimony .................................................. 957
17. Personal Lawsuits ........................................................ 967
18. Extraterritorial Law Enforcement ................................. 985
19. Immigration Crimes ................................................... 1025
20. Agriculture Enforcement Operations .......................... 1075
Index ................................................................................. 1109
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This Page Intentionally Left Blank.

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Chapter One

Introduction
__________

Table of Sections

The Declaration of Independence

The Constitution of the United States

1.100 The United States Government

1.200 U.S. Customs and Border Protection

1.300 Civil and Criminal Law Enforcement

1.400 Criminal Law Generally

1.410 Attempted Crimes

1.420 Classification of Crimes

1.500 The Federal Rules of Criminal Procedure (FED. R. CRIM. P.)

1.510 Preliminary Proceedings
1.511 Grand Juries, Indictments, and Information
1.512 Pre-Trial Procedures and Motions
1.513 Arraignment (Rule 10)
1.514 Motions and Pleadings (Rule 12)

1.520 Discovery and Inspection (Rule 16)
1.521 The Brady Doctrine (Brady v. Maryland)
1.522 Henthorn Requests
1.523 Giglio Policy
1.524 Production of Statements of Witnesses (Rule 26.2)
1.525 Investigative Notes
1.526 Subpoenas (Rule 17)
1.530 Jurisdiction and Venue
1.531 Jurisdiction
1.532 Venue (Rules 20 and 21)

1.540 Trial
1.541 Burdens of Proof
1.542 Functions of the Judge and Jury
1.543 Trial by Jury (Rule 23)
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1.544 Alternate Jurors (Rule 24(c))
1.545 Sequestration of Jurors

1.550 Defenses
1.551 Entrapment
1.552 Double Jeopardy

1.560 Verdict (Rule 31)

1.570 Judgment

1.580 Sentencing (Rule 32)

1.600 Right of Appeal

1.700 Statute of Limitations

1.710 General Statute (18 U.S.C. § 3282)

1.720 Running of the Statute

1.730 Tolling the Statute

1.800 Extradition

1.900 Disclosure of Documents or Information in Litigation

1.1000 General Reference Information

1.1100 Glossary of legal terms

1.1200 Common Abbreviations

1.1300 The Federal Court System

1.1400 Information about Laws and Regulations Enforced by CBP

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THE DECLARATION OF INDEPENDENCE
than to right themselves by
Action of Second Continental abolishing the Forms to which they
Congress, July 4, 1776 are accustomed. But when a long
Train of Abuses and Usurpations,
The Unanimous Declaration of the pursuing invariably the same
Thirteen United States of America Object, evinces a Design to reduce
them under absolute Despotism, it
WHEN in the Course of human is their Right, it is their Duty, to
Events, it becomes necessary for throw off such Government, and to
one People to dissolve the Political provide new Guards for their future
Bands which have connected them Security. Such has been the patient
with another, and to assume among Sufferance of these Colonies; and
the Powers of the Earth, the such is now the Necessity which
separate and equal Station to which constrains them to alter their former
the Laws of Nature and of Nature's Systems of Government. The History
God entitle them, a decent Respect of the present King of Great Britain
to the Opinions of Mankind requires is a History of repeated Injuries and
that they should declare the causes Usurpations, all having in direct
which impel them to the Separation. Object the Establishment of an
absolute Tyranny over these States.
WE hold these Truths to be self- To prove this, let Facts be submitted
evident, that all Men are created to a candid World.
equal, that they are endowed by
their Creator with certain HE has refused his Assent to Laws,
unalienable Rights, that among the most wholesome and necessary
these are Life, Liberty and the for the public Good.
Pursuit of Happiness—That to
secure these Rights, Governments HE has forbidden his Governors to
are instituted among Men, deriving pass Laws of immediate and
their just Powers from the Consent pressing Importance, unless
of the Governed, that whenever any suspended in their Operation till his
Form of Government becomes Assent should be obtained; and
destructive of these Ends, it is the when so suspended, he has utterly
Right of the People to alter or to neglected to attend to them.
abolish it, and to institute new
Government, laying its Foundation HE has refused to pass other Laws
on such Principles, and organizing for the Accommodation of large
its Powers in such Form, Districts of People, unless those
as to them shall seem most likely to People would relinquish the Right of
effect their Safety and Happiness. Representation in the Legislature, a
Prudence, indeed, will dictate that Right inestimable to them, and
Governments long established formidable to Tyrants only.
should not be changed for light and
transient Causes; and accordingly HE has called together Legislative
all Experience hath shewn, that Bodies at Places unusual,
Mankind are more disposed to uncomfortable, and distant from the
suffer, while Evils are sufferable, Depository of their public Records,
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for the sole Purpose of fatiguing HE has affected to render the
them into Compliance with his Military independent of and superior
Measures. to the Civil Power.

HE has dissolved Representative HE has combined with others to
Houses repeatedly, for opposing subject us to a Jurisdiction foreign
with manly Firmness his Invasions to our Constitution, and
on the Rights of the People. unacknowledged by our Laws; giving
his Assent to their Acts of pretended
HE has refused for a long Time, Legislation:
after such Dissolutions, to cause
others to be elected; whereby the FOR quartering large Bodies of
Legislative Powers, incapable of the Armed Troops among us;
Annihilation, have returned to the
People at large for their exercise; the FOR protecting them, by a mock
State remaining in the mean time Trial, from Punishment for any
exposed to all the Dangers of Murders which they should commit
Invasion from without, and the on the Inhabitants of these States:
Convulsions within.
FOR cutting off our Trade with all
HE has endeavoured to prevent the Parts of the World:
Population of these States; for that
Purpose obstructing the Laws for FOR imposing Taxes on us without
Naturalization of Foreigners; our Consent:
refusing to pass others to encourage
their Migrations hither, and raising FOR depriving us, in many Cases, of
the Conditions of new the Benefits of Trial by Jury:
Appropriations of Lands.
FOR transporting us beyond Seas to
HE has obstructed the be tried for pretended Offences:
Administration of Justice, by
refusing his Assent to Laws for FOR abolishing the free System of
establishing Judiciary Powers. English Laws in a neighbouring
Province, establishing therein an
HE has made Judges dependent on arbitrary Government, and enlarging
his Will alone, for the Tenure of its Boundaries, so as to render it at
their Offices, and the Amount and once an Example and fit Instrument
Payment of their Salaries. for introducing the same absolute
HE has erected a Multitude of new Rules into these Colonies:
Offices, and sent hither Swarms of
Officers to harrass our People, and FOR taking away our Charters,
eat out their Substance. abolishing our most valuable Laws,
and altering fundamentally the
HE has kept among us, in Times of Forms of our Governments:
Peace, Standing Armies, without the
consent of our Legislatures. FOR suspending our own
Legislatures, and declaring
themselves invested with Power to
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