Expert: Loren Stevens - 5/24/2005

Question
What is the name of the head of Customs and Border patrol?  Also, what is the name of a custom and border patrol head of each individual state (I'm guessing there's both a national head and heads for each state too).  Am I right here?  Directors, Commissioners, what?

Thanks So Much,
Tyler

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Followup To
Question -
Ioren -

I am writing a story and it deals with two foreigners who sneak into the US.  The US government suspects that these foreigners are hostile and are possibly a threat to national safety.  I am writing the scene where the FEDs try to arrest them by breaking into their hotel room (never mind how they got a hotel room).  First of all, how would they go about this.  Second, what exactly would they say when they were at the door of the hotel room.  Or, would they simply kick it in, arrest the foreigners, and talk later?  I have heard that law enforcement officials are always required to make their presence known before the arrest, even in a covert op.

Thanks,
Tyler
Answer -
Hello Tyler,
Well...............initially, you need to entertain the "laws of arrest", coupled with "rules of evidence", wraped in the warm embrace of "search and seizure."
4th and 14th ammendments are BIGGIES.
If your badges are proceeding extralegally, they can always use bunk like an anonymous tip that a fugitive was at hotelX, but may not be there very long...ergo, no time for a "paper" (warrant". Or, somebody heard yells/screams from that hotel room, which was later determined as the radio or TV on too loud...etc. There are LOTS of bunk stories that have been used....I suspect.
Legally, the prerequisit for an arrest, is "probable cause" to beleive that a suspect has committed or is about to committ an offense. Or, an arrest warrant or Grand Jury indictment.
Non of these rules apply to :Border patrol, INS or Customs, as they relate to Port of Entry issues, and Foreign Nationals. Any other local, state or Fed agency working WITH these 3 agencies, essentially are an extension of those agencies while working together. That's one way to get around some problems.
The new Patriot Act is difficult to understand, and there will be test cases aplenty on those matters.
So, if you are thinking of factoring in issues of the Patriot Act/Homeland security regs etc, you may want to consult with a U.S.Attorney, to make sure you are on solid footing.
There is such a thing as a "no knock warrant", where you simply DO the door and make a quick entry. However, those are usually earmarked for dope cases, or where there is a possibility of losing contraband.
I can tell you with certainty, that even on an "announce&kick" situation, there is VERY little time that lapses from Knock-announce-kick-entry.
If you kick, you have your biggest cop/agent, usually a "knuckle dragger" do the kick, with cops on both sides of the door. One goes in high, the other low, and the kicker is the trailer.
If there is a high expectation of a violent nature, the agency would use a SWAT unit to effect the arrest.
During entry, the cops yell either "on the floor, hands behind the head, hands on the wall, or hands up" It is IMPORTANT, to be able to see hands....all 10 fingers.
They would immediately secure the suspects, with cuffs. Either Smith& Wesson , or Peerless. Both are stainless steal, but some are alloy. Both can be hinged, or with link.
Both have 22 clicks (22 sizes)
And, after these bandits are hooked up, they would be seperated and interviewed seperately, where the games begin, with tricks.
On searches, there are only 4 legal ways to search (unless INS,Customs and Border patrol on a port of entry caper)
1-search warrant
2-exigent circumstances
3-incident to a lawful arrest
4-consent
If the situation is anexigent circumstances, where there was no knock. The officers will have to explain that to the Judge/Magistrate in GREAT detail SOON.
example, suspects known to have guns, therefore no knock in order to get the element of surprise....advantage.
Or, "safety" is a good one, other tennents, school or playground near the hotel, or what ever. But the Judge will need a solid response.
On a warrant, the judge usually signs "Forthwith" which essentially means GET TO IT!or explain any delay. Sometimes, cops will not effect an arrest on the street, and surveil the suspect(s) to their residence. This stall, is a means to get a "free" peek inside the dwelling, while effecting an arrest.
Well, I won't bore you with anymore.
Hope this is helpful, and answeres your questions.
good luck
loren
If it's the police, they shout "POLICE", if FBI, they"ll say "FBI" sometimes, they'll say "police" as a generic, rather than ATF, or Secret Service et al.  

Answer
Hi,
I THINK they hold the position of: DIRECTOR.
However,
You might want to go up on a Federal Law Enforcement web site, or the US Attorney General site, and verify.
For the most part, Border Patrol works in areas that borders another country. There would be little value in putting those valuable resources in the "hinterland'
Customs and INS also have staff on border sites, all ports of entry, and all air ports that have "International" status.
good luck
loren