Electronic Law and Evidence Flashcards
1
Q
wire communications
A
- HUMAN VOICE THROUGH WIRE, cable, or other connection
- Ex: telephone, voice pager
2
Q
electronic communications
A
- DATA in whole or part over wire or other means
- Ex: computer data transmissions, fax, email, text
3
Q
oral communications
A
- HUMAN VOICE NOT ON WIRE or mechanical means
4
Q
electronic devices
A
- any device, other than human ear, that can be used to intercept wire, oral or electronic communications
- Ex: microphones, bugging devices NOT hearing aids
5
Q
real time intercept
A
- interception to capture data or conversation AS IT IS BEING TRANSMITTED or as it is happening.
6
Q
depending on the type of surveillance you may need:
A
- nothing, no special authority
- consent of someone
- a subpoena
- a court order
- a search warrant
- a title 3 court order
7
Q
history of title 3:
A
- olmstead v us: agents tapped suspects phone without his consent, from position off his property. Supreme court ruled no 4th violation
- federal communications act of 1934: congress prohibited wiretapping consent of both parties to conversation
- kats v us: agents placed mic on phone booth. Supreme court ruled 4th amendment violation
- title 3 : congress allowed real time interception of wire and oral communication (wiretap)
8
Q
what is a title 3 court order?
A
- a special kind of SEARCH WARRANT which requires:
- an application with details
- pre-approval by US attorney
- final approval by high ranking govt. official
- signed by US district court judge
9
Q
title 3 is required when:
- wire/electronic
A
- a nonconsensual
- real time interception
- of wire or electronic communications
10
Q
title 3 is required when:
- oral
A
- a nonconsensual
- real time interception
- of oral communications where there’s REP
- using a device
11
Q
how to get a title 3 court order:
A
- STEP 1: Application process
- STEP 2: Submitting the application
- STEP 3: Final Step
12
Q
STEP 1: APPLICATION PROCESS
A
- For a wire/oral wiretap: officer must state PC that an offense listed in 18 USC 2516 (1) is being committed
- For electronic communications: officer must state PC that a felony is being committed.
- what goes in application: name, location, statement of PC
- good for 30 days
- request for covert entry to install device (DOJ policy)
13
Q
STEP 2: SUBMITTING THE APPLICATION
A
- submit to US attorney in your district
- then submit application for final approval to:
- Attorney General
- Deputy Attorney General
- Assistant Attorney General
14
Q
STEP 3: FINAL STEP
A
- only a district court judge can issue a title 3 order (no magistrates can issue)
** an AUSA can approve an application for intercepting digital display papers
*** no additional search warrants is required for installation
15
Q
types of surveillance exempted from title 3:
A
- oral communications where there’s no REP
- consensual monitoring
