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Lucy, Esq.
Lucy, Esq., Attorney
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hiwhat duties due the officerof civil rigths and liberties

Customer Question

hi

what duties due the officerof civil rigths and liberties have to investigate civil rights complaints and investigate those duties that are mandatory- I am lookng for a statute or agency duty

second- what duties or statutes compel a superior officers of the DHS have to investigate civl rights complaints against thier field agents

thirdly what statutes cite the madatory dutries of a DHS officer to conduct searchand seizure

finaly what mandatory duties mandate a DHS officer report the criminal acts of another agent of their superiors if any ,second agency directice on thier DHS website that would show these duties and

finally if all al th above acts are perfiormed with out following the procedure in the statutes you finds would this violate the right redress amendment,forrlose the sixth amendment and create a procedural due process issue ?

fourth what statutes direct a officer of the dhs to perform before they begin to engage in oral intercept or aural intercept
Submitted: 4 years ago.
Category: Legal
Expert:  Fran-mod replied 4 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.


i will wait- please try Lucy on this she was able to answer a similar ?-thanks

Expert:  Fran-mod replied 4 years ago.
Hello Martin,

Sure. I'll PM Lucy for you and tell her to look this one over and respond if she's got an answer for you.
Expert:  Lucy, Esq. replied 4 years ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today.

There are quite a few agencies that use the abbreviation "DHS", so I just want to confirm - are you talking about the Department of Homeland Security, or a state department (and, if so, which state)?
Customer: replied 4 years ago.


department of homeland security thru its component the United states secret service


 


thanks

Customer: replied 4 years ago.


department of homeland security ands component the united States secret service

Expert:  Lucy, Esq. replied 4 years ago.
Thank you for clarifying that.

what duties due the officerof civil rights and liberties have to investigate civil rights complaints and investigate those duties that are mandatory- I am looking for a statute or agency duty second- what duties or statutes compel a superior officers of the DHS have to investigate civil rights complaints against their field agents

There is no duty or statute that would compel an officer to investigate a civil rights complaint. However, if a person brought an action for a civil rights violation against the company under 42 U.S.C. 1983, the department would have to investigate in order to defend the suit. But a private citizen cannot insist on an investigation without filing suit. There may be a moral obligation or an ethical duty, but that's not really the same.

thirdly what statutes cite the mandatory duties of a DHS officer to conduct search and seizure

I don't understand what you mean by this. The Fourth Amendment to the U.S. Constitution governs searches and seizures. As a practical matter, an officer that is conducting an investigation will often need to search or seize a person or items. There are many, many cases where the courts have interpreted the Fourth Amendment. Law enforcement officers must get a warrant before searching a person's home, and must have probable cause or a warrant before arresting someone.

finally what mandatory duties mandate a DHS officer report the criminal acts of another agent of their superiors if any ,second agency directice on thier DHS website that would show these duties and

I'm not finding any statute that provides for mandatory reporting for officers working for Homeland Security. There is arguably a moral and ethical obligation, and there may be an internal policy that applies to all law enforcement officers working for the government, but I'm not able to find a specific statute to cite for you. Most of the mandatory reporting laws apply to things like child abuse, where someone helpless is in immediate danger if the conduct is not reported.

finally if all al th above acts are perfiormed with out following the procedure in the statutes you finds would this violate the right redress amendment,forrlose the sixth amendment and create a procedural due process issue ?

It's hard to say, because I have almost no facts here, but the Sixth Amendment is not implicated by anything you've said. The Sixth Amendment deals with criminal procedure - the right to a speedy trial, right to counsel, right to a jury, right to be confronted with witnesses against him. Without any facts of your situation, there is no reason to even suspect a Sixth Amendment violation.

A violation of the Fourth Amendment is just that - a violation of the Fourth Amendment. It could be prosecuted as that, and there's no need to also claim a due process violation. Due process requires that a person receive notice and an opportunity to be heard before a person is deprive of life, liberty, or property. There's nothing in what you've said that suggests a due process violation.

fourth what statutes direct a officer of the dhs to perform before they begin to engage in oral intercept or aural intercept

This is actually governed by the Fourth Amendment to the Constitution. The Fourth Amendment prohibits unlawful searches and seizures. 18 U.S.C. 2518 explains the procedure that must be followed to ensure compliance with the Fourth Amendment. You may want to take a look at all of Title 18, Chapter 119.

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