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Legal Implications of the Drug Trade
The Honorable David O. Carter, Final exam
40
Political Studies
Undergraduate 4
12/03/2010

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Cards

Term
police canine operations (names)
Definition
Inspector Doug Neibauer and K9 Sam
Term
History of working dogs
Definition
WWI - resupplying soldiers, track enemy soliders

WWII -> Today: sentry (bike work), protection, detection, rescue

1899 - 1st time in police work (Belgium)
Term
Types of Dogs
Definition
Detection -> a) explosives b) narcotics

Tracking -> humans

*dogs trained in specific field
Term
Dr. Machion
Definition
Doctor that kept DEA agent Enrique Camarena alive
- US contracted for him to be kidnaped (extrodinary rendition)
- officials on either side of border pulled him, US got him
- Mexico wanted report from US
Term
DA and Extrodinary Rendition
Definition
DA cannot tell someone explicitily to extrodite someone, but can indirectly say it
Term
Extradition Treaty
Definition
If we do not have an extradition treaty w/ country, then we can kidnap a person from that country
Term
Mexico -> basics
Definition
- 30000 drug homocides since 2007
- $40 billion/year industry
- failed state accusation (corruption)
- 90% cocaine travels through mexico
- 100% foreign meth comes from Mexico
- 7 major cartels (Sineloa, Tiujana, Gulf, Los Zetas, Beltran Legura, La Famila Michonacana, Juarez)
Term
Mexico Demographics
Definition
Carlos Slim Hule - Richest (60 billion)

48% in poverty
Term
US consumption
Definition
45-60% of world's drugs

#1 cocaine consumer
Term
"El Chapo" Guzman
Definition
Sineloa Cartel leader.

Most wanted man in Mexico

Escaped out of maximum security prison
Term
FARC
Definition
used to protect farmers in Columbia from drug lords and small gangs (after Medein cartel broke up) eventually became their own narco-terrorist unit
Term
Mexico State Institutions
Definition
9% GDP in tax (very low)

Rich don't pay taxes

40% of all gov't revenue comes from PEMEX (state oil company)

Poor public education system
Term
Narco Culture in Mexico
Definition
glorified in movies/propaganda

cartels worry about public image (want to be seen as heros)

better to live a glorious 6 years than a poor 60 years
Term
What would help mexico?
Definition
Increase Transparency

Improve Education

Rich pay taxes
Term
Mexican Media
Definition
Count number of drug related murders (people don't trust Government numbers)

Zeta's magazine, Newspapers: Excelsior, Milenio, etc.
Term
California v. Ciraolo (1986)
Definition
Facts: Marijuana growing in backyard protected by fence. Ariel Survailence from 1000 ft w/ naked eye

Holding: 4th Amendment was not violated by naked eye ariel observation of respondent's background
Term
US v. Pineda-Moreno
Definition
Facts: DEA agents put tracking devices on car when car was parked in driveway and when it was parked in public spaces.

Holding: Driveway is not part of curtilage of home cause it is not private, neither is public parking spot
Term
Nebia Hearing
Definition
requires that money put for bail must be proved to not come from criminal sources like drugs or robbery
Term
California v. Greenwood (1988)
Definition
Facts: Police searched trash and got warrant after discovering drugs.

Holding: 4th amendment does not prohibit warrentless search of trash because it is placed outside of home
Term
Terry v. Ohio
Definition
Facts: 2 men searched after an officer saw them walk by store multiple times.

Holding: Search of person w/o warrant allowed if there is resonable belief that a crime is/would be committed
Term
US v. Oliver
Definition
"open fields doctrine"
Fact: Defendent grew marijuana on field (his own field) one mile from home, police found it and arrested him

Holding: He appealed on the basis of privacy in the 4th amendment, but Supreme Court upheld ruling stating that a field did not constitute protection under 4th amendment
Term
Hoffa v. United States
Definition
Facts: Federal Agents wiretapped an informant and told him to go to defendant and make him incriminate himself

Holding: Court ruled that there was no violation of 4th amendment b/c he voluntarily let informant in and told him information willingly
Term
Florida v. Royer (1982)
Definition
Facts: Royer approached by 2 undercover cops cause he fit drug carrier profile. Told him to go to room where they searched him.

Holding: you can approach someone based on behavior, but you cannot search an individual w/o warrant
Term
Kyllo v. US (2001)
Definition
Facts: Thermal Imaging used, lots of heat emitted so they got a warrant

Holding: Thermal imaging constitutes 4th amendment search but ONLY with warrant (unconstitutional w/o warrant)
Term
Carrol v. US
Definition
"automobile exception"
Holding: Gave police ability to search a car w/o warrant if there was thought to be illegal substances in the car.

Exception because car could be moved by the time a warrant was issued
Term
People v. Cook
Definition
Facts: police did ariel survalience at 1600 ft and found marijuana

Ruling: 1600ft is not cool, but since it was because of a tip the case upheld
Term
Smurfing
Definition
taking out $ in small increments to be less conspicuious than one large sum
Term
Money Laundering
Definition
Moving "dirty" money from drug sales into "fronts" like businesses or property so the money becomes clean
Term
Working off a beef
Definition
Criminal used as informant to rat out someone higher in hopes of getting a lesser sentence
Term
Reverse sting
Definition
when law enforcement sells dope to the cartel to tap into their money supply
Term
articuable suspicion
Definition
ex. Cop needs some suspicion before he/she can pull you over
Term
store front
Definition
police make fake store and people come in to buy precursors to meth.

Advertisments for stores are written in code so that only traffickers or police know
Term
weed and seed
Definition
massive bust operation that aims to capture ALL dealers/criminals in an area so they cannot be replaced, and then seed the area with social workers to help things out
Term
controlled delivery
Definition
dealers supply dope from colombia in response to the demand in LA
Term
asset forfiture
Definition
assests recieved from drug dealing are taken away
Term
US v. Mendenhall
Definition
lady stopped cause she looked suspcious.

she goes with DEA agents and then agrees to be searched (making it okay w/o warrant)
Term
Reid v. Georgia
Definition
person looked back at other person, when police stopped him he tossed bag and ran.

holding: looking back at someone is not enough for articuble suspicion
Term
US v. Rose
Definition
Radio transmission for marijuana transport.

Holding: radio transmissions are not private, anyone can listen. Case upheld
Term
People v. Mayoff
Definition
ariel survailence from unknown height to seize crops.

crops were outside his habitation, he did not know he was prone to survailence
Term
Florida v. Rodriguez
Definition
3 men stopped at Miami airport. Conflicting answers. Cop asks to search, one person agrees.

Holding: forcibly agreed to search, violation of 4th
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