Electronic Law Flashcards
Identify the federal requirements governing the use of electronic devices that track the movements of suspects.
Comply with 4th amendment.
Identify the federal requirements governing the use of electronic devices that intercept wire, oral, and electronic communications.
Title III needed when
Oral - real time intercept, REP voice comm, using a device, excludes consensual monitoring
Wire - real time intercept, any voice comm, traveling by wire
Electronic - real time intercept, any other type of comm, excludes tone-only pagers, tracking device, video surveillance, public RF comm, pen registers, trap and trace.
Must be in writing, under oath, and signed by the US Attorney or AUSA. Up to 30 days. 10 days to install. Extensions are allowed but must re-apply.
Identify the federal requirements governing the use of electronic devices that trace telephone calls and electronic communications.
Pen registers - outgoing only. No content of calls/emails
Trap & Trace - incoming only. No content
Toll records - history of numbers to/from target phone maintained by phone company. No content of calls/emails.
Need court order for trap & trace and pen register. No PC needed. AUSA makes application to judge with jurisdiction over the offense. Good for 60 days, can be installed anywhere in the US
Identify the requirements governing the use of video-only surveillance in locations where an individual has a REP.
Search warrant needed if in REP area. Super search warrant.
Necessity statement, minimization statement, particularized description of areas/premises, identity of targets, duration is no more than 30. DOJ approval required. Any Magistrate and above.
Identify the federal requirements governing access to stored electronic communications.
Basic subscriber info - subpoena
Contents - if opened minimum paper is subpoena. Requires prior notice to subscriber. If unopened and stored for more than180 days subpoena. Prior notice required. If stored 180 days or less, search warrant.
Transactional history - 2703d court order signed by US magistrate or higher. No prior notice required.
Describe when computers can be searched without a warrant.
Consent Exigent circumstances Plain view SIA Inventory
Describe special considerations in preparing a search warrant to search and/or seize computers.
Pre search info - type of computer, OS, software
Search for data - independent component doctrine
Justify off-site searches
Data - separate warrant is required for each district where data is located
Describe special considerations in executing a search warrant to search and/or seize computers.
Technical assistance needed
Knock and announce applies - exceptions
Describe special issues involving authentication of information contained on computers.
Must handle the data to prevent claims of alteration. Existence of data not enough, must connect it to a specific person or entity.
