Medical and Public Health Law Site
Opinions of the Office of Legal Counsent - DOJ

U.S. Department of Justice

Office of Legal Counsel


2002 Memoranda & Opinions

Overview of Document



LEGALITY OF FIXED-PRICE INTERGOVERNMENTAL AGREEMENTS FOR DETENTION SERVICES
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The Department of Justice has authority to enter Intergovernmental Agreements with state or local governments to provide for the detention of federal prisoners and detainees on a fixed-price basis and is not limited to providing compensation for costs under such agreements.

December 31, 2002



BUREAU OF PRISONS PRACTICE OF PLACING IN COMMUNITY CONFINEMENT CERTAIN OFFENDERS WHO HAVE RECEIVED SENTENCES OF IMPRISONMENT
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When an offender has received a sentence of imprisonment, the Bureau of Prisons does not have general authority, either upon the recommendation of the sentencing judge or otherwise, to place such an offender in community confinement at the outset of his sentence or to transfer him from prison to community confinement at any time BOP chooses during the course of his sentence.

December 13, 2002


AUTHORITY OF FEMA TO PROVIDE DISASTER ASSISTANCE TO SEATTLE HEBREW ACADEMY
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The Stafford Disaster Relief and Emergency Assistance Act of 1974 and its implementing regulations permit FEMA to provide federal disaster assistance for the reconstruction of Seattle Hebrew Academy, a private religious school that was damaged in an earthquake in 2001. The Establishment Clause of the First Amendment does not pose a barrier to the Academy's receipt of such aid.

September 25, 2002


AUTHORITY OF FEDERAL JUDGES AND MAGISTRATES TO ISSUE "NO-KNOCK" WARRANTS
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Federal judges and magistrates may lawfully and constitutionally issue "no-knock" warrants where circumstances justify a no-knock entry, and federal law enforcement officers may lawfully apply for such warrants under such circumstances.

Although officers need not take affirmative steps to make an independent re-verification of the circumstances already recognized by a magistrate in issuing a no-knock warrant, such a warrant does not entitle officers to disregard reliable information clearly negating the existence of exigent circumstances when they actually receive such information before execution of the warrant.

June 12, 2002


AUTHORITY OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TO DELEGATE POWER
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Although the Chemical Safety and Hazard Investigation Board may not name an "Acting Chairperson," it may delegate administrative and executive authority to a single member while the position of chairperson is vacant.

April 19, 2002


ROLE OF LEGAL GUARDIANS OR PROXIES IN NATURALIZATION PROCEEDINGS
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Section 504 of the Rehabilitation Act requires the INS as a reasonable accommodation to permit a legal guardian or proxy to represent a mentally disabled applicant in naturalization proceedings.

March 13, 2002



List of Years for Memoranda and Opinions



Updated 12/08/03
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