Electronic Law and Evidence

Question 1

What are the exceptions to a title III for oral communication?

Answer 1

No REP

Consensual (At least 1 party member)

Question 2

When would you need a title III for oral communications?

Answer 2

When there is REP.

Question 3

What is wire communication?

Answer 3

The transfer of the human voice via wire, cable, or “other like connection”

Example: Digitized human voice transmitted over a phone line, network, the internet, or other similar medium.

Question 4

What is electronic communication?

Answer 4

E-mail and Fax transmission are examples of data that are transferred by way of an electronic communication.

Question 5

Do you need a Title III for real time interception with a device of REP communication?

Answer 5

Yes, Title III court order with DOJ prior approval.

Question 6

What do you need for real time interception with a device of digital display pagers?

Answer 6

Title III court order with AUSA prior approval

Question 7

Do you need a search warrant or any other legal paperwork to watch a video-only (non-audio) surveillance in non-REP area?

Answer 7

Nope… no legal paperwork required.

Question 8

Do you need a search warrant or any other legal paperwork to watch a video-only (non-audio) surveillance in REP area?

Answer 8

Yes, you will need a search warrant.

Question 9

What do u need for a pen register?

Answer 9

Court Order

Question 10

What do you need for a trap and trace?

Answer 10

Court order

Question 11

Do u need a search warrant to place a tracker or GPS on a rental vehicle before the subject rents it?

Answer 11

No, because it was placed before the suspect took possession of the rental. You can monitor it in NON REP public areas.

Question 12

What do you need to get basic subscriber information off electronic communications?

Answer 12

A subpoena

Question 13

What do you need for transactional records for electronic communications?

Answer 13

Court Order

Question 14

What do you need to get the contents if a electronic communication? (Ex email)

Answer 14

Search Warrant

Question 15

What is basic subscriber information contain?

Answer 15

Name
Address
Telephone connection information
Time and duration of sessions

Question 16

What regulates the installation and monitoring of electronic tracking devices?

Answer 16

4th amendment

Question 17

What are the three most commonly used tracking devices?

Answer 17

• Beepers- Is a radio transmitter which emits periodic signals that can be picked up by radio
• Transponders
• GPS devices

Question 18

If two individuals wanted to do video surveillance with audio on a suspect what would they need to get?

Answer 18

Title III (District Judge)

Question 19

In order for the installation of a tracking device to constitute a Jones search it must also be what in order to trigger 4th amendment protection??

Answer 19

Monitored and/or trespassing to install the tracking device

Question 20

what does the transactional records contain?

Answer 20

Information that relates to how the internet services subscriber uses his account. Includes historical data involving past activity on the account.

Question 21

What does the contents information contain?

Answer 21

The actual text contained within an email and attachments to the email.

Question 22

What must a warrant contain to install and monitor tracking devices?

Answer 22

• Identity of the person or property to be tracked
• Identity of the magistrate judge whom the return on warrant will be made
• A reasonable period of time that the device may be used.
• A Command that the device be installed within 10 days or less from the time the warrant is issued
• A command that there shall be a return on warrant

Question 23

Who may issue a Title III?

Answer 23

US District Court Judge or a US Circuit Court of Appeals Judge

Question 24

What Electronic Communications are exempt from Title III?

Answer 24

1. Tone-Only Pagers
2. Tracking Devices, Beepers, and Transponders
3. Video-Only Surveillance
4. General Public Communications (i.e Am/FM radio station broadcasts; citizen band radio)