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Flashcards in PI Law Deck (24)
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1
Q

Where are demonstrators allowed to demonstrate at protected areas?

A

“Public Viewing Areas”

2
Q

What is the policy concerning demonstrators?

A

absent specific info saying a demonstration group may pose a security risk to a protectee, demonstrators are to be treated as members of the general public.

3
Q

Is “Profiling” permitted during protection?

A

Racial Profiling - Prohibited

Behavioral Profiling - Permitted

4
Q

What is the enabling statute that grants the USSS its authority?

A

18 USC 3056

5
Q

What statute gives the USSS limited subpoena power in PI cases?

A

18 USC 3486

6
Q

What does 18 USC 3056(d) prohibit? How must the violator act?

A

prohibits “Interference with Protection”

violator must act “knowingly” and “willfully”. (therefore you should give a warning to them that they are in violation, need to show they prevented you from doing your job)

must show violator obstructed, resisted or interfered with you in the performance of a protective function

7
Q

What statute covers “Restricted Buildings and Grounds”?

A

18 USC 1752

8
Q

What does 18 USC 1752 do/allow?

A

Authorizes establishment of restricted areas

Defines “Restricted Buildings and Grounds”

9
Q

What are Restricted Buildings / Grounds?

A

restricted areas where a SS protectee is or will be temporarily visiting

restricted areas of buildings/grounds of NSSE’s

A violator must act “Knowingly”.

10
Q

What must restricted areas be?

A

Reasonable in Size and Scope

11
Q

Will the USSS intervene if a heckler is not a danger to a protectee or others?

A

NO

12
Q

Does the USSS have the authority to regulate the content of speech?

A

NO

13
Q

What is the 3 prong test regarding limitations on speech in a public forum?

A

Restraint must be:

  1. Content Neutral,
  2. Narrowly tailored to serve a gov’t interest
  3. Offer ample alternative channels of communication
14
Q

When is a statement defined as a “threat”?

A

when a reasonable person would realize that his statement would be interpreted by his audience as a serious expression of an intention to inflict bodily harm

15
Q

Threat Statutes:

18 USC 871

A

Threats against the Prez and successor (also includes VP and VP elect)

Threatens to kill, kidnap or injure

16
Q

Threat Statutes:

18 USC 879

A

Threats against former Prez or other USSS protectees (includes major candidates for Prez)

17
Q

Threat Statutes:

18 USC 878

A

Threats against foreign officials (FBI has primary jurisdiction)

18
Q

18 USC 1752

A

Kills Kidnaps or assaults Prez, VP, certain Prez Staff Members

or attempts
or conspires

DO NOT CONFUSE WITH 18 USC 1751

19
Q

18 USC 351

A

kills, kidnaps major candidates for Prez and VP

or attempts
or conspires

20
Q

Who has primary jurisdiction over 878, 1752, 351?

A

FBI

21
Q

Ancillary Statutes: (probably not too important for testing)
18 USC 115
18 USC 111
18 USC 912

A

115 - intimidation statute (with intent to retaliate on acct of performance of official duty) includes judges and family members

111 - assault on fed employees (while engaged in, or on acct of their official duties)

912 - impersonating a fed officer or employee

22
Q

18 USC 875

A

Interstate Threatening Communications (internet)

23
Q

18 USC 876

A

Mailing Threatening Communications

24
Q

18 USC 877

A

Mailing Threatening Communications from Foreign Country