Chapter 12-Electronic surveillance

Question 1

In Olmstead v United States, Supreme Court said that wiretapping does not violate the 4th if there is no trespass into constitutionally protected area.

Answer 1

This enabled police to conduct legal wiretaps as long as they did not illegally intrude into the persons dwelling.

Question 2

Katz v United States, Court overruled Olmstead and held that any form of electronic surveillance that violates a reasonalbe expectation of privacy constitutes a search under the 4th

Answer 2

Means that electronic surveillance is unconstitutional anywhere if it violates a persons reasonable expectation of privacy.

Question 3

main Federal Law governing electronic surveillance is

Answer 3

Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Question 4

Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Answer 4

states that law enforcement officer (federal, state and local) cannot tap or intercept wire communications or use electronic devices to intercept private conversations.

Question 5

exceptions to Title III

Answer 5

1. court order authorizing the wiretap

2. consent is given by one of the parties to the conversation

Question 6

Court order authorizing the wiretap can be issued only:

Answer 6

if state law authorizes it, subject to the provisions of Title III.

Question 7

Consent given by one of parties to the conversation may be prohibited by:

Answer 7

State law

Question 8

Wiretapping does not violate 4th unless theres is tresspass into constitutionally protected are

Answer 8

Olmstead v United States, 1928

Question 9

What was the First major case decided by the Court on electronic surveillance?

Answer 9

Olmstead. The rule lasted from 1928 to 1967.

1967, Katz v United States was heard.

Question 10

evidence obtained as a result of permission given by a “friend” who allowed the police to listen in on a conversation is admissible in court

Answer 10

On Lee v United States, 1952

Question 11

Use of electronic devices to capture a conversation constitutes a search under the 4th and statutes must include constitutional safeguards to be valid

Answer 11

Berger v New York, 1967
Berger indicted and convicted on conspiracy to bribe the chairperson of the New York State Liquor Authority.
New York state statute authorizing electronic eavesdropping violate the 4th guarentee against unreasonable searches an seizures. This search was not valid.

Question 12

Berger case was decided in 1967, one year prior to the enactment of Title III. Court in this case spelled out 6 requirements for a state law authorizing electronic surveillance to be constitutional.

Answer 12

1. warrant must describe with particularity the conversation that are to be overheard
2. showing of probable cause to believe that a specific crime has been or is being committed.
3. wiretap must be for a limited period
4. suspects whose conversations are to be overheard must be names in order
5. the return must be made to the court, showing what conversations were intercepted
6. wiretapping must terminate when the desired info has been obtained.
   These requirements have been enacted into law by Title III.

Question 13

Any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the 4th. This case overrulled Olmstead

Answer 13

Katz v United States,1967

Question 14

the warrantless monitoring of a beep (homing device) in a private residence violates the 4th

Answer 14

United States v Karo, 1984

Question 15

warrant for the monitoring of a beeper should contain the:

Answer 15

1. object into which the beeper would be installed
2. circumstances leading to the request for the beeper
3. length of time for which beeper surveillance is requested.

Question 16

using technological device to explore details of a home that would previously have been unknowable without phyical intrusion is a search and is presumptively unreasonable without a warrant

Answer 16

Kyllo v United States, 2001

officers used thermal-imaging device to detect marij growing in home