Electronic Law and Evidence Flashcards
What are the exceptions to a title III for oral communication?
No REP
Consensual (At least 1 party member)
When would you need a title III for oral communications?
When there is REP.
What is wire communication?
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.
What is electronic communication?
E-mail and Fax transmission are examples of data that are transferred by way of an electronic communication.
Do you need a Title III for real time interception with a device of REP communication?
Yes, Title III court order with DOJ prior approval.
What do you need for real time interception with a device of digital display pagers?
Title III court order with AUSA prior approval
Do you need a search warrant or any other legal paperwork to watch a video-only (non-audio) surveillance in non-REP area?
Nope… no legal paperwork required.
Do you need a search warrant or any other legal paperwork to watch a video-only (non-audio) surveillance in REP area?
Yes, you will need a search warrant.
What do u need for a pen register?
Court Order
What do you need for a trap and trace?
Court order
Do u need a search warrant to place a tracker or GPS on a rental vehicle before the subject rents it?
No, because it was placed before the suspect took possession of the rental. You can monitor it in NON REP public areas.
What do you need to get basic subscriber information off electronic communications?
A subpoena
What do you need for transactional records for electronic communications?
Court Order
What do you need to get the contents if a electronic communication? (Ex email)
Search Warrant
What is basic subscriber information contain?
Name
Address
Telephone connection information
Time and duration of sessions
What regulates the installation and monitoring of electronic tracking devices?
4th amendment
What are the three most commonly used tracking devices?
- Beepers- Is a radio transmitter which emits periodic signals that can be picked up by radio
- Transponders
- GPS devices
If two individuals wanted to do video surveillance with audio on a suspect what would they need to get?
Title III (District Judge)
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??
Monitored and/or trespassing to install the tracking device
what does the transactional records contain?
Information that relates to how the internet services subscriber uses his account. Includes historical data involving past activity on the account.
What does the contents information contain?
The actual text contained within an email and attachments to the email.
What must a warrant contain to install and monitor tracking devices?
- 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
Who may issue a Title III?
US District Court Judge or a US Circuit Court of Appeals Judge
What Electronic Communications are exempt from Title III?
- Tone-Only Pagers
- Tracking Devices, Beepers, and Transponders
- Video-Only Surveillance
- General Public Communications (i.e Am/FM radio station broadcasts; citizen band radio)
