Constitutional Law Quiz V

Question 1

Forest Service Surveillance Camera Case

Answer 1

US vs. McGyver

Question 2

3rd Party Wire Tap Case

Answer 2

Hoffa vs. US

Question 3

Challenges to legality of evidence obtained by surveillance

Answer 3

1. Does it occur in public
2. Is activity / info exposed to a third party
3. Does activity take place in a home

Question 4

Thermal imaging enhanced surveillance case

Answer 4

Kyllo vs. US

Question 5

Arial surveillance case

Answer 5

Dow Chem vs. US

Question 6

Tracking device case (GPS)

Answer 6

US vs. Jones

Question 7

Surveillance in home case (ether)

Answer 7

Carro vs. US

Question 8

Video surveillance case (hotel room)

Answer 8

US vs Lee

Question 9

Devices that only detect contraband

Answer 9

1. Chemical testing

2. Drug sniffing dogs

Question 10

Drug sniffing dog case

Answer 10

IL vs. Cabbaales

Question 11

Wiretap Act

Answer 11

Prohibits interception of protected communication without special court order called wiretap order

Question 12

Type of protected communications

Answer 12

1. Wire Communications
2. Oral communications
   3, Electronic Communications

Question 13

Interception is:

Answer 13

Acquisition of contents of a protected communication during the transmission of communication

Question 14

Wire Communication is:

Answer 14

1. Transfer made in hole ro part by some facility for the communication by aid of wire, cable connection between point of inception and completion
2. transfer of voice a-b using wire
3. thru use of interstate communications facility

Question 15

Oral Communications is:

Answer 15

1. uttered from 1 to another while exhibiting expectation of privacy
2. live face to face
3. expects not to be intercepted
4. reasonable not to be intercepted

Question 16

Electronic Communication is

Answer 16

transmitted from point a-b, not voice and by means of wired device

Question 17

Requirement of Interception

Answer 17

1. Protected communication
2. acquire contents of communication during transmission
3. by means of a device meant for that purpose (bug)

Question 18

Requirements of Wiretap

Answer 18

1. Participating in a crime
2. must be necessity
3. Must have authorization from Attorney General
4. Probable Cause
5. Must designate duration of wiretap
6. Contains access to premises
7. Provision for minimization
8. Disclosure of tap prohibited

Question 19

Exceptions to Wiretap rule

Answer 19

1. Exigent circumstances - confronted with emergency of death or injury, conspiring to threaten US or conspiracy with organized crime
2. must have objective belief that had there been time wiretap would have been approved.
3. must make formal request within 48 hours

Question 20

Communication not regulated

Answer 20

1. Conversation naturally overheard
2. Lacking reasonable expectation of privacy
3. Interception where one party consents

Question 21

Graveside wiretap case

Answer 21

kee vs. Rowlett

Question 22

Recorded conversation in squad car case

Answer 22

US. vs. Turner

Question 23

Stored communications act

Answer 23

allows for acquisition of conversations that have terminated

Question 24

Time limits on disclosing stored communications

Answer 24

1. if less than 180 days, need search warrant

2. if older than 180 days, subpoena needed