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PRO 2024 > Chapter 20- Electronic Devices > Flashcards

Chapter 20- Electronic Devices Flashcards

1
Q

Is it legal to intercept phone communications without a warrant?

A

No

Interception of phone communications without a warrant is prohibited.

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2
Q

What is the consequence for private citizens who purposely scan intercepted calls?

A

Exclusionary rule applies

This means that evidence obtained through illegal interception may be excluded in court.

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3
Q

What can police do with an abandoned phone?

A

Search it immediately

An example of abandonment includes placing a phone outside and stating it is no longer wanted.

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4
Q

What is the protocol for searching lost phones?

A

Search only to determine the owner

This may involve checking frequent calls, contacts, etc.

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5
Q

Fill in the blank: You may not intercept phone communications without a _______.

A

warrant

A warrant is a legal document authorizing police to perform a search or seizure.

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6
Q

Is viewing text that comes up on a phone considered a search?

A

No, if done without manipulation.

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7
Q

Is calling or texting a suspect’s phone considered a search?

A

No.

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8
Q

What are some exigent circumstances that allow for a warrantless search?

A
  • Bomb threat
  • Child abduction
  • Drug distribution
  • Sexual enticement
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9
Q

What must you testify about if claiming exigency?

A

Why it was impractical to get a warrant.

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10
Q

True or False: Attempting to discredit a claim through of calls to a girlfriend allows you to search the phone through exigency

A

False.

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11
Q

What should you do if you have probable cause regarding a phone?

A

Secure the phone.

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12
Q

How can phones prove an accomplice connection in a crime?

A

By showing coordinated actions through communication.

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13
Q

Fill in the blank: Police may remove a phone from a person to ensure it is not a _______.

A

[weapon]

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14
Q

What is required for law enforcement to search a seized cell phone?

A

Consent or a search warrant.

Consent to search can be revoked when the officer returns the phone.

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15
Q

True or False: An officer’s opinion that criminals often use cell phones to communicate is sufficient for probable cause to search a cell phone.

A

False.

A mere opinion is not enough to establish probable cause (PC).

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16
Q

When does consent to search a cell phone end

A

It ends when the officer returns the phone.

This means that any further search requires new consent or a warrant.

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17
Q

Fill in the blank: If there is no information suggesting that the suspect used their phone during the crime, you have _______.

A

nothing.

This indicates the need for specific evidence to justify a search.

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18
Q

What is the primary purpose of a warrant in a phone search?

A

To search and seize a phone for evidence related to a crime

A warrant is a legal document that authorizes law enforcement to conduct a search and seizure.

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19
Q

What is one requirement for an affidavit in a warrant application?

A

Date range you would like to search

The affidavit must specify the time frame relevant to the investigation.

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20
Q

What should be incorporated into a warrant application as a best practice?

A

Minimization protocol

This protocol limits the inspection of data to only what is necessary for the investigation.

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21
Q

What does a minimization protocol describe?

A

The manner in which technicians will limit their inspection using ‘search terms’

This helps to ensure that irrelevant or private information is not accessed.

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22
Q

True or False: Only one warrant is needed to search multiple phones.

A

True

A single warrant can cover the search of multiple devices if justified.

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23
Q

What is a good practice when searching for the correct phone?

A

Search multiple phones to determine which one is the correct one for the warrant

This helps to ensure that evidence is not overlooked.

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24
Q

Fill in the blank: Officers took three phones from Aaron Hernandez’s residence without attempting to determine which one was the _______.

A

correct one

This highlights a procedural error in the evidence collection process.

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25
Q

What type of camera was allegedly used in the peeping tom incident?

A

Shoe lace camera

This type of camera is discreet and often used for covert recording.

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26
Q

What is the time frame for examining electronic evidence?

A

May be examined beyond the 7 days, within a reasonable period

This indicates that the examination of electronic evidence is not strictly limited to the initial 7-day window.

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27
Q

What must be proven under Article 12 for a court to order access to a phone?

A

Proof beyond a reasonable doubt that a defendant accessed the phone

This standard of proof is crucial for legal proceedings involving electronic evidence.

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28
Q

What should be asked of suspects upon arrest regarding their phones?

A

Ask suspects if the phone is theirs

This can simplify the process of proving ownership in a Jones Hearing.

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29
Q

What is required if the attorney has possession of the phone?

A

Get a warrant, not a subpoena

This highlights the legal distinction between a warrant and a subpoena in accessing electronic evidence.

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30
Q

What is needed to seize digital cameras in a murder case?

A

A WARRANT

Digital cameras can provide probable cause of a domestic relationship.

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31
Q

What type of subpoena is required for phone or computer records?

A

ADMIN subpoena

Must be done by the Attorney General or District Attorney based on reasonable suspicion.

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32
Q

What is the time frame for the delivery of records after an ADMIN subpoena?

A

Within 14 days

This is a legal requirement for compliance.

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33
Q

Is a subpoena needed in exigent circumstances?

A

No

Records can be obtained without a subpoena if there is an exigent circumstance.

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34
Q

What is an example of exigent circumstances regarding phone records?

A

Detective asked for records due to threats to a family

T-Mobile provided records without a subpoena because they believed it was exigent.

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35
Q

What is required to obtain out-of-state records?

A

A WARRANT

Must comply within 14 days.

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36
Q

What is the typical procedure for searching a computer associated with an IP address?

A

You can typically search the computer

A search warrant for an entire apartment may be used, but multiple computers could be involved.

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37
Q

What is required for posts on social media in terms of privacy?

A

Privacy analysis may be required for posts on social media.

Article 14 discusses the necessity of evaluating privacy for social media posts.

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38
Q

What was the outcome of the case involving undercover Snapchat posts?

A

No expectation of privacy because the friend request was accepted.

This case involved officers viewing a story of a person with a gun after accepting a Snapchat friend request.

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39
Q

What can Snapchat videos support in legal proceedings?

A

They can support probable cause for a search warrant of a gun.

This highlights the use of social media evidence in legal contexts.

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40
Q

What is necessary to prove ownership of an electronic account?

A

A link between the person and the account is necessary.

Establishing this link is crucial for the admissibility of electronic evidence.

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41
Q

What is necessary to prove the link between a person and an account?

A

Identification of the individual with evidence like name and personal references.

This includes proving identity through items such as password protection and personal references in communications.

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42
Q

What is the expectation of privacy for letters, emails, and texts sent to another person?

A

There is no expectation of privacy if their phone is being searched.

This means that any communications could be accessed during a search.

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43
Q

True or False: Police do not need a warrant to view something that has already been viewed by a private party.

A

True.

However, they need a warrant to go deeper than what the private party accessed.

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44
Q

What is an example of third-party evidence related to computer repair?

A

A computer brought to a shop for repair where the owner discovers illegal content and reports it to police.

This is considered valid evidence if the police act on the report with proper procedures.

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45
Q

Yooooooo from an Instagram account, doesn’t sound like something the suspect would say and he denied it, is this Pc

A

No

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46
Q

What does BWC stand for in the context of police procedures?

A

Body Worn Cameras

BWCs are used by police to record interactions and gather evidence.

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47
Q

What is the police protocol regarding BWC footage before writing reports?

A

Police may routinely activate their BWC and review the footage prior to writing their reports and testifying in court.

This practice helps ensure accuracy in reporting.

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48
Q

True or False: The wiretap statute prohibits police from using body cameras to record a victim’s statement.

A

False

The wiretap statute does not prohibit this practice.

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49
Q

What is required for police to legally record a victim’s statement with a BWC?

A

They do not need to inform the victim they are recording.

This can raise ethical concerns regarding consent.

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50
Q

What is non-targeted surveillance?

A

Surveillance installed by public or private property owners.

It can be used to make decisions based on the recorded footage.

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51
Q

What is a key requirement for using pole cameras in surveillance?

A

Need a search warrant for a pole camera that closely monitors a dwelling

This ensures that the surveillance respects privacy rights and legal standards.

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52
Q

What was determined about the duration of 13 days on a pole camera

A

13 days was too long- need SW

Duration of surveillance must be reasonable and justified.

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53
Q

What factors are considered when evaluating search warrants for surveillance?

A
  • Duration
  • Continuous or intermittent monitoring
  • Monitoring by a live user
  • Level of visual detail captured

These factors help assess the legality and necessity of the surveillance.

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54
Q

Using a cell phone to record surveillance footage is considered good if you can _______.

A

[testify as to why]

Testimony adds credibility and context to the recorded evidence.

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55
Q

What type of video quality can officers testify about?

A

Video was in thermal and showed a guy in a black sweatshirt that appeared white

This highlights the importance of video quality in evidence presentation.

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56
Q

What is the purpose of targeted surveillance with pole cameras?

A
  • Obtain evidence of a crime
  • Aid in the apprehension of a criminal

These objectives emphasize the utility of pole cameras in law enforcement.

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57
Q

Seven months monitoring a pole camera good or SW?

A

Search warrant
## Footnote

Extended surveillance without justification can raise legal concerns.

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58
Q

True or False: Continuous monitoring is not a factor in evaluating search warrants for surveillance.

A

False

Continuous monitoring can impact the legal justification for surveillance.

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59
Q

What must be in writing for facial recognition use by officers?

A

Court order backed by reasonable suspicion

This is required for searches relevant to an ongoing investigation or to mitigate substantial risk of harm.

60
Q

What are the conditions under which a court order is not needed for facial recognition?

A

To identify a deceased person or mitigate substantial risk of harm with a written request providing reasonable suspicion of an emergency

In these cases, the urgency of the situation allows for bypassing the usual court order requirement.

61
Q

True or False: A facial recognition match should be considered a positive identification.

A

False

Facial recognition matches should not be solely relied upon for positive identification.

62
Q

What is the requirement for location monitoring using automated LPR?

A

Limited use is NOT A SEARCH requiring a warrant

Automated License Plate Recognition (LPR) can be used without a warrant for limited monitoring.

63
Q

What was the conclusion of the Bourne Bridge case regarding searches?

A

Two fixed points was not a search

The Bourne Bridge case established that monitoring between two fixed points does not constitute a search.

64
Q

Is a search warrant needed for public transportation records like Charlie card data?

A

NO SW NEEDED for limited data search

Limited searches of public transportation records do not require a search warrant.

65
Q

What was the ruling regarding two days of Charlie card records in a homicide case?

A

Was not a breach of privacy

The court found that accessing two days of public transportation records for a homicide investigation did not violate privacy rights.

66
Q

What should be done in the future regarding cell phone location data searches?

A

Obtain a SW without exigency

In future cases, a search warrant should be obtained for cell phone location data unless exigent circumstances exist.

67
Q

What is the requirement for obtaining historical cell site data (CSLI)?

A

You need A SEARCH WARRANT

Historical cell site data is protected and requires a search warrant to access.

68
Q

What must police provide when requesting cell phone data from a company?

A

Must be with SW or Exigency - no consent

Police requests for cell phone data must include a search warrant or demonstrate exigent circumstances; consent is not sufficient.

69
Q

What is the maximum duration of historical cell site data that can be requested based on the crime being investigated?

A

SHOULD BE NO LONGER THAN TWO WEEKS

Requests for historical cell site data should be limited to a two-week period relevant to the investigation.

70
Q

What is the purpose of pinging a cell phone in an emergency?

A

To find a phone in real time

Pinging refers to locating a mobile device’s current position during emergencies.

71
Q

Fill in the blank: For cell phone tracking, a _______ is required.

A

SW for a cell phone tracker

A search warrant (SW) is necessary for tracking a cell phone’s location.

72
Q

What qualifies as an authorized emergency?

A

Emergency aid for people at risk of serious injury or death

This includes situations where immediate assistance is necessary.

73
Q

Define exigency in a legal context.

A

A murder suspect who is aware police are looking for him and has fled the scene

Exigency allows law enforcement to act quickly without a warrant in certain situations.

74
Q

What must be obtained once the exigency is over regarding phone pings?

A

A search warrant to get the records for the pings

This ensures that the collection of data is legally justified after the emergency situation.

75
Q

Can an individual challenge the CSLI or ping of another’s phone?

A

No, there is no expectation of privacy

Courts generally have ruled that individuals do not have a reasonable expectation of privacy in this context.

76
Q

How is pinging data classified in legal terms?

A

Admissible as a business record

This classification allows the data to be used in legal proceedings without additional authentication.

77
Q

What can a cell phone app be used for?

A

To locate a stolen cell phone

No need for search warrants or expert testimony.

78
Q

What is required to obtain a tower dump?

A

A search warrant from a judge

This is necessary to access data from cell towers.

79
Q

What are the two types of Cell Site Location Information (CSLI)?

A
  • Call CSLI
  • Registration CSLI

Call CSLI occurs when a person uses their phone, while Registration CSLI happens without user action.

80
Q

What does a tower dump provide?

A

Information on every device in a certain area

This is particularly useful for serial crimes.

81
Q

What must a search warrant for a tower dump include?

A
  • Probable cause that CSLI will aid in apprehending a criminal
  • Factual basis that the suspect used their phone during the time

This ensures the warrant is legally justified.

82
Q

What should be done with innocent third-party information obtained from a tower dump?

A

Have a protocol to dispose of it

This protects the privacy of individuals not involved in the crime.

83
Q

True or False: Registration CSLI occurs when a user actively uses their phone.

A

False

Registration CSLI connects to the closest cell site without user action.

84
Q

What is required to obtain a GPS tracking device?

A

A warrant must be obtained

Law enforcement needs a warrant to legally acquire and use a GPS tracking device.

85
Q

Why is a warrant necessary for GPS tracking?

A

To protect citizens’ property rights and privacy

Without a warrant, law enforcement could track individuals without cause, infringing on their rights.

86
Q

What is the standard that must be met to obtain a warrant?

A

Must have probable cause

Probable cause is a reasonable belief that a crime has been committed or that evidence of a crime exists.

87
Q

How long is a GPS tracking warrant valid?

A

15 days from the date issued

The warrant may be renewed in 15-day increments if necessary.

88
Q

What expectation of privacy do passengers and drivers have in a vehicle?

A

They have a reasonable expectation of privacy

This expectation grants them standing in legal cases concerning vehicle searches.

89
Q

Do police need a warrant to access GPS data from a vehicle equipped with pre-installed GPS?

A

No, a warrant is not needed for pre-equipped GPS in a vehicle.

90
Q

Can police obtain post-conviction GPS data without a warrant?

A

Yes, police may obtain any post-conviction GPS data without a warrant.

91
Q

Is a warrant required for accessing pre-trial GPS records?

A

No, a warrant is not needed for pre-trial GPS records.

92
Q

Is it a crime in Massachusetts for a private person to monitor another?

A

No, it is not a crime in Massachusetts for a private person to monitor another.

93
Q

What could private monitoring potentially lead to?

A

It could be considered criminal harassment depending on the circumstances.

94
Q

What is the principle of Mosaic Analysis in privacy law?

A

Mosaic Analysis requires looking at the entire picture to determine if the expectation of privacy was exceeded without a warrant.

95
Q

What is suggested when obtaining a warrant related to privacy concerns?

A

It is suggested to get the smallest amount of probable cause (PC) then obtain a warrant.

96
Q

What does wiretap law cover regarding communication?

A

Wiretap law only covers oral communication.

97
Q

When does video recording become unlawful under wiretap law?

A

Video recording becomes unlawful wiretap when it includes even a few words of oral communication.

98
Q

What is non-consensual interception?

A

When neither person involved consents to the conversation being recorded

Private parties can NEVER do this; law enforcement can do it with a wiretap warrant.

99
Q

What is one-party consent?

A

One person allows the conversation to be recorded

Police can be secretly recorded under this provision.

100
Q

What is required for law enforcement to conduct non-consensual interceptions?

A

A wiretap warrant

This allows law enforcement to legally intercept conversations without consent.

101
Q

Is it legal for private parties to perform non-consensual interceptions?

A

No

Private parties are prohibited from recording conversations without consent.

102
Q

What constitutes proper investigative detention regarding filming police?

A

Filming police in suspicious circumstances

An example includes videoing police from a sidewalk.

103
Q

True or False: Police can be filmed by individuals without any legal repercussions.

A

True

However, the circumstances of the filming may affect legality.

104
Q

What is required for a recording to be considered an exception to secret recordings?

A

Must be on purpose

Intentionality is a key factor in determining the legality of secret recordings.

105
Q

In the case of the inmate who missed the part of the jail phone saying the call is recorded, what was the outcome?

A

Bragged about a murder - GOOD

This illustrates that the recording can be used as evidence despite the inmate’s lack of awareness.

106
Q

What equipment is necessary to intercept phone calls illegally?

A

An ‘intercepting device’

This device is specifically required for lawful interception of calls.

107
Q

Does telephone equipment installed in the ordinary course of business count as an intercepting device?

A

No

Regular business telephone equipment is not classified as an intercepting device.

108
Q

Under what circumstances may phone companies intercept calls?

A

To prevent violations (annoying phone calls)

This indicates that call interception can serve a protective purpose.

109
Q

Is the use of officer intercoms in a station considered legal recording?

A

Used in the normal course of business

Officer intercoms are permissible as they are part of standard operations.

110
Q

Is booking video recording considered legal even if individuals do not know they are being recorded?

A

GOOD

This suggests that consent is not necessary for recording in booking scenarios.

111
Q

What is eavesdropping?

A

Listening in on a conversation but not recording

Eavesdropping is permissible as long as no recording is involved.

112
Q

Fill in the blank: Eavesdropping is _______ if it involves listening without recording.

A

GOOD

This emphasizes that eavesdropping is legally acceptable under certain conditions.

113
Q

What is required for non-consensual interception by law enforcement?

A

Must comply with the Wiretap Warrant requirements

This includes obtaining a warrant specifically for intercepting communications without consent.

114
Q

Who can apply for a wiretap warrant?

A

Only special designated prosecutors after written authorization from DA or ADA

DA stands for District Attorney and ADA stands for Assistant District Attorney.

115
Q

What must a wiretap warrant be signed by?

A

A SUPERIOR COURT JUDGE in the county where interception will occur

This ensures that the warrant is legally valid and authorized at a high judicial level.

116
Q

True or False: Silent videos of illegal exchanges are admissible in court.

A

True

Both silent and sound videos can be admissible if obtained lawfully.

117
Q

Fill in the blank: Non-consensual interceptions by law enforcement must comply with _______.

A

[Wiretap Warrant requirements]

118
Q

What must be signed by a superior court judge?

A

A warrant must be signed by a superior court judge in the county where interception will occur.

119
Q

What types of offenses must a wiretap warrant involve?

A

A warrant must involve a designated offense, which includes:
* Violence
* Gaming
* Prostitution
* Judicial integrity
* Narcotics
* Extortion
* Bribery

120
Q

What is level of certainty regarding organized crime is required in the affidavit for a wiretap warrant?

A

The affidavit must provide reasonable suspicion of involvement in organized crime.

121
Q

True or False: A ransom note for kidnapping can be considered a designated offense.

A

True

122
Q

What is an example of a designated offense related to judicial integrity?

A

Persuading someone to commit perjury.

123
Q

What is an example of a non-designated offense in the context of warrants?

A

A school committee member receiving kickbacks.

124
Q

What must be shown to justify a wiretap?

A

Why other less intrusive measures won’t work

This is a requirement to ensure that a wiretap is necessary and appropriate.

125
Q

What must be identified in a wiretap application?

A

Particular individuals and phones to be monitored

This specificity is crucial for legal compliance.

126
Q

What types of communications are permitted under a wiretap?

A

Texts and calls

Wiretaps allow for the interception of both text messages and telephone calls.

127
Q

What does a wiretap authorization allow regarding physical entry?

A

Authorized secret entry to house

This allows law enforcement to enter a property without prior notice.

128
Q

What is the time frame for executing a wiretap after installation?

A

15 consecutive days within a 30-day period

The wiretap must be actively monitored during this time.

129
Q

How long can a wiretap be extended?

A

15 days

Extensions are possible under certain conditions.

130
Q

What is the requirement for returning the tape after a wiretap?

A

Return tape within 7 days

This ensures that recordings are handled in a timely manner.

131
Q

When must a warrant be served after it expires?

A

Within 30 days unless need for secrecy, then 3 years

This is to protect ongoing investigations.

132
Q

When must records be obtained before a trial?

A

30 days before trial

This is important for preparing the case.

133
Q

What is the function of a pen register?

A

Notes numbers dialed from a phone

This device records the numbers dialed but not the content of the calls.

134
Q

What does a cross frame record?

A

Numbers coming into a phone

This tracks incoming calls for investigative purposes.

135
Q

What is required for both pen register and cross frame?

A

A wiretap warrant

136
Q

What must occur for one party interception to be legal?

A

Under supervision of law enforcement, designated offense, on person consents, RS of organized crime

137
Q

When recording in a one party consent situation you need a blood warrant in this place

A

Recording inside a dwelling

138
Q

What is required when recording within a suspect’s home?

A

A BLOOD warrant

139
Q

List the four exceptions where a BLOOD warrant is not needed.

A
  • Federal investigation (if combined enterprise go by MA standard)
  • Officer safety (recordings can’t be used for evidence)
  • Outside suspect dwelling
  • Do not need BLOOD warrant in a vehicle
140
Q

True or False: Recordings made for officer safety can be used as evidence.

A

False

141
Q

Do you need a blood warrant in a vehicle? Jail?

A

No

142
Q

What happens to testimony resulting from unlawful interception?

A

It will be suppressed

This includes any unlawful recording by the government or an agent.

143
Q

Can an undercover agent testify if they were involved in an unlawful recording?

A

Yes, they can still testify

This applies to those personally involved in the unlawful interception.

144
Q

Is a recording by a private party admissible if they were not advised by police?

A

Yes, it is admissible

This applies to recordings made by individuals not directed by law enforcement.

145
Q

What should police do once they receive tapes from individuals recording?

A

They should tell people to stop recording

Continuing to record after this point makes additional recordings inadmissible.

146
Q

Fill in the blank: Testimony from unlawful recordings by government agents is _______.

A

suppressed

147
Q

True or False: All recordings made by private parties are inadmissible in court.

A

False

Recordings made by private parties not advised by police can be admissible.

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