electronic law and evidence Flashcards
- Assuming no one gives consent, which of the following would require a Title III court order?
a. Intercepting tone only pager signals using a device.
b. Using GPS and other mobile tracking devices.
c. Real time interceptions of wire communications using a device.
d. Real time interceptions of oral communications, in which there is no reasonable expectation of privacy (REP), using a device.
c. Real time interceptions of wire communications using a device.
Correct. Using a device to perform a non-consensual, real time interception of a wire communication, whether there is REP in the communication or not, requires a TIII court order.
- In which of the following situations would law enforcement officers need a Title III court order?
a. Listen in to a phone conversation among five people with the consent of only one party to the conversation.
b. Place a covert listening and recording device on a confidential informant (with his permission) to record conversations he has with the target of an investigation.
c. Conceal a microphone and transmitter in a vehicle to listen to the conversations that two targets have while in the vehicle.
d. Obtain the telephone numbers that a target is calling without the consent of the caller or the person receiving the call.
c. Conceal a microphone and transmitter in a vehicle to listen to the conversations that two targets have while in the vehicle.
Correct. Title III is triggered here because there is a real time interception of an REP, oral communication, using a device, and without the consent of any of the parties to the conversation.
- Agents know that Jack and Fred are members of a criminal conspiracy. To avoid their communications being intercepted by law enforcement, they only talk together when walking along trails in a local city park being careful to speak softly and avoid those that might be around who could overhear what they are saying. Agents decide to use a handheld parabolic microphone that can pick up human conversations at 250 feet without being detected. To lawfully use this device under these circumstances, what arrangements must the agents first make to comply with the law?
a. There are no special legal requirements.
b. Obtain a search warrant.
c. Request a Title III court order through the US Attorney for approval by a US Magistrate Judge.
d. Request a Title III court order through the US Attorney for approval by a US District Court judge.
d. Request a Title III court order through the US Attorney for approval by a US District Court judge.
Correct. The application would be submitted through the AUSA and US Attorney to the Department of Justice. If the application is approved, it would then be given to a District Court judge for approval. A US Magistrate Judge cannot act on the application.
- Fred’s criminal enterprise involves sending and receiving faxes. Assume that agents have probable cause. Which is correct concerning how agents could obtain the faxes?
a. If the fax is in the process of being transmitted, agents could use a search warrant issued by a Magistrate Judge to connect a fax machine to Fred’s phone line and receive a copy of the fax as Fred gets his copy.
b. If the fax is in the process of being transmitted, agents could use a search warrant issued by a District Court judge to connect a fax machine to Fred’s phone line and receive a copy of the fax as Fred gets his copy.
c. If the fax is in the process of being transmitted, and there is also REP, agents could use a search warrant issued by a District Court judge to connect a fax machine to Fred’s phone line and receive a copy of the fax as Fred gets his copy.
d. If the agents have probable cause paper copies of the faxes are located in Fred’s house, they could use a search warrant issued by a Magistrate Judge.
d. If the agents have probable cause paper copies of the faxes are located in Fred’s house, they could use a search warrant issued by a Magistrate Judge.
Correct. This does not involve Title III because there is no real-time interception.
- Investigation reveals that a gang is operating a mobile meth lab and distributing large quantities of meth to various dealers. These dealers also move from location to location. Agents decide to use GPS and other tracking devices to try and determine where the current meth lab and dealers are. Which of the following activities would require the agents to obtain a warrant? (Assume that the gang members do not know of the agents’ activities.)
a. Tracking a GPS enabled cell phone in the pocket of a confidential informant with the informant’s consent while riding in the car with the gang members.
b. Concealing a GPS tracking device inside a box of meth production products (glassware, tubing, and the like), sending it to the target, and monitoring where the box moves along local highways and streets.
c. Concealing a GPS or radio frequency tracking device inside a small package of meth precursor chemicals, sending it to the target, and monitoring where the package goes to include inside homes and factory buildings.
d. None of the above, because the Stored Electronic Communications Act, and not 4th Amendment warrants, must be used for the installation or use of mobile tracking devices.
c. Concealing a GPS or radio frequency tracking device inside a small package of meth precursor chemicals, sending it to the target, and monitoring where the package goes to include inside homes and factory buildings.
Correct. A warrant is not required to install the device because there is no intrusion into REP. A warrant is required to monitor the device because the item will be tracked as it moves in REP areas.
- Agents have reasonable suspicion that Fred uses email and the telephone in support of his criminal activity. The investigation is not at the point where agents have probable cause to get a warrant, but knowing who Fred corresponds with by way of email or speaks with on the phone would be relevant to this ongoing criminal investigation. Agents are interested in obtaining any or all of the following: the email addresses and phone numbers of those who email Fred and those that Fred calls or emails. Which of the following is correct concerning what “paper” agents must use to obtain this information?
a. No paper can get this information because agents do not have probable cause.
b. No paper is necessary to get this information because Fred has no REP in this information.
c. A Pen Register court order for the incoming phone numbers and email addresses.
d. A Trap and Trace court order for the incoming phone numbers and email addresses.
d. A Trap and Trace court order for the incoming phone numbers and email addresses.
Correct.
What court order is used to capture the outgoing phone numbers or email addresses?
A pen register
What court order for the incoming phone numbers and email addresses?
A Trap and Trace
- Agents need to obtain a Pen Register or Trap and Trace court order. Which of the following is correct about who makes the request to the judge, what judge can approve it, and how long the court order is good for?
a. Agent requests, Magistrate Judge can issue, good for 60 days.
b. AUSA requests, Magistrate Judge can issue, good for 60 days.
c. AUSA requests, requires at least District Court approval, good for 45 days.
d. Agent requests, Magistrate Judge can issue, good for 45 days.
b. AUSA requests, Magistrate Judge can issue, good for 60 days.
Correct.
- Agents want to use video only surveillance (no audio) to determine who has been pilfering items from a commercial facility. Agents have consent from the facility owner to install the camera. Which of the below is a correct statement of the legal authority agents will need when deciding what images to capture and where they can point the camera?
a. A TIII court order is necessary if the camera captures images from an area where people have REP.
b. Neither a search warrant nor a TIII is necessary no matter where the camera is pointed.
c. Because of the intrusiveness of capturing video of private activity, a warrant is required no matter where the camera is pointed.
d. If the camera is pointed at an REP area, a warrant is required.
d. If the camera is pointed at an REP area, a warrant is required.
Correct. The 4th Amendment applies to the placement of video only surveillance as well as the images that will be captured. If access to REP is required to install the camera, a warrant or 4th Amendment exception is required. A warrant or a 4th Amendment exception is also required if the camera captures images in a place in which one has REP from being observed.
- Agents have probable cause that Jack runs a stolen credit card ring from his home computer in District A, and that others who are part of the ring buy and sell stolen credit cards in Districts B, and C. Agents develop probable cause that there is evidence that Jack has data stored on a web server located in District D. In addition, there is probable cause that Jack’s Internet Service provider in District D has unopened emails to Jack that have been in electronic storage for less than 90 days. Agents want all the evidence (emails and data), and they decide to use search warrants. Which statement is correct concerning which District the agents may lawfully obtain a warrant?
a. For all the information (data and emails), they can obtain a warrant only in District A.
b. For the data, they can obtain a warrant in Districts A, B, C or D.
c. For the emails, they can obtain a warrant in Districts A, B, C or D.
d. For the emails, they can obtain a warrant only in the District D.
c. For the emails, they can obtain a warrant in Districts A, B, C or D.
Correct. See the explanation at the bottom of this page.
- Fred is lawfully arrested. He has a pager on his person. Can agents search this pager without a warrant?
a. Yes, because having a pager on one’s person when being arrested is consent to have it searched.
b. Yes, because searching the pager is within the scope of an SIA.
c. No, because the pager may contain wire or electronic communications and that requires a Title III court order.
d. No, because it is unreasonable to search without a warrant or Title III court order.
b. Yes, because searching the pager is within the scope of an SIA.
Correct. Pager data is perishable and can be searched SIA (unlike cell phones which cannot be searched SIA.)
- Fred is at a restaurant and is using his computer. An agent can see the screen from an adjoining table and sees the screen contains an email that clearly constitutes wire fraud. As the agent walks up, Fred furiously starts deleting files. The agent seizes the computer and then immediately searches it finding evidence of wire fraud. Was the seizure and search of Fred’s computer lawful?
a. Both the seizure and the search were lawful.
b. Neither the seizure nor the search were lawful.
c. The seizure was lawful; the search was not.
d. The seizure was unlawful; the search was lawful.
c. The seizure was lawful; the search was not.
Correct. The seizure was lawful because of the exigency that if the computer was not immediately seized, evidence of crime would be destroyed before a warrant could be obtained. Once this exigency ended with the computer’s seizure, the ability to lawfully use this 4th Amendment exception ended.
- Agent Jones has a valid search warrant to search Fred’s computer hard drive for evidence of wire fraud. During and within the scope of the types of data the warrant authorizes a search for, Fred sees what is clearly evidence of larceny of government property (unrelated to the wire fraud crimes). Fred continues the search for wire fraud and sees more evidence of larceny. He seizes this evidence of the larceny. Was the evidence of the larceny lawfully seized?
a. ALL the evidence of the larceny was lawfully seized.
b. NONE of the evidence of the larceny was lawfully seized.
c. The first evidence of the larceny Fred saw was lawfully seized; the second and subsequent seizures were not.
d. The second and subsequent seizures of the larceny evidence were lawfully seized only if Fred first got another warrant before continuing his search after he first saw the evidence of the larceny.
a. ALL the evidence of the larceny was lawfully seized.
Correct. Fred stayed within the scope of the warrant, and so the larceny evidence he saw was lawfully seized under the plain view doctrine.
- What is the most significant difference in preparing a search warrant to search computers for data and a search warrant for physical items?
A data warrant:
a. Does not have to particularly describe what is to be searched for.
b. Does not have to particularly describe the place or thing to be searched.
c. Does not require probable cause.
d. Must include a justification if agents want to conduct an off-site search.
d. Must include a justification if agents want to conduct an off-site search.
Correct.
