Electronic Law and Evidence

Question 1

US v. Jones

Answer 1

• LEO’s put a tracker on a vehicle but warrant was expired

Question 2

under Jones, tracking device has to be ______ and _______ to trigger 4th amendment!

Answer 2

• installed

AND

• monitored

Question 3

what are two ways to search?

Answer 3

• KATZ search and JONES search

Question 4

KATZ search

Answer 4

• government
• intrusion into
• the suspects REP

Question 5

JONES search

Answer 5

• government
• trespass UPON
• the suspects PERSONS, HOUSES, PAPERS, and EFFECTS
• while in his possession

Question 6

Always get a tracking _______ for electronic surveillance.

Answer 6

• warrant

Question 7

where do you get a warrant to control a tracking device?

Answer 7

• in the district where the vehicle is located

Question 8

how long is a tracking warrant good for?

Answer 8

• 45 days

Question 9

warrant return must be returned to magistrate judge within ______ days.

Answer 9

• 10 days

Question 10

who can give you a tracking warrant?

Answer 10

• a magistrate judge

Question 11

is tracking a car a title III event?

Answer 11

• no because you are not intercepting COMMUNICATIONS

Question 12

what does a pen register get you?

Answer 12

• outgoing numbers called by the suspects phone and email addresses

Question 13

what does a trap and trace get you?

Answer 13

• incoming numbers made to the suspects phone and email addresses

Question 14

what is required to get a pen register trap and trace?

Answer 14

• court order required

2 requirements:

• application made by AUSA, not LEO
• application in writing, under oath, and directed to a us magistrate court OR us district court OR us circuit coupt of appeals

Question 15

what information is in an application for a pen register trap and trace?

Answer 15

• AUSA identity
• LEO agency conducting the investigation
• certifies that the info. obtained is relevant to the investigation

Question 16

what is the standard for obtaining a pen register trap and trace?

Answer 16

• RELEVANCE

Question 17

who can issue a pen register trap and trace

Answer 17

• any federal judge including a magistrate judge

Question 18

why don’t you need a search warrant to get email addresses and phone numbers?

Answer 18

• no REP

Question 19

video only surveillance

Answer 19

• areas with no REP = NO SEARCH WARRANT NEEDED

- areas with REP = SEARCH WARRANT NEEDED

Question 20

what does a court order for pen register trap and trace authorize?

Answer 20

• installation and use anywhere in the US for 60 days

Question 21

what do you need prior to seeking a court order for video only surveillance in REP areas?

Answer 21

• DOJ approval

Question 22

does a video camera in an open field have REP?

Answer 22

NO

Question 23

what do you need to install a pole camera on a telephone pole?

Answer 23

NOTHING

Question 24

what do you need to record someone’s back yard (curtilage) with a pole camera?

Answer 24

• a search warrant

Question 25

does tracking a cell phone using cell site data require a search warrant/court order?

Answer 25

YES

Question 26

what are 3 types of information that government may wish to obtain from an internet service provider?

Answer 26

1) basic subscriber info
2) transactional records
3) contents of stored communications

Question 27

how to obtain basic subscriber info:

Answer 27

• SUBPOENA

- standard: relevance

Question 28

how to obtain transactional records (historical data):

Answer 28

• COURT ORDER

- standard: RELEVANCE

Question 29

how to obtain contents of stored communications (body of email):

Answer 29

• SEARCH WARRANT

- standard: SEARCH WARRANT

Question 30

preservation letters

Answer 30

• served to an internet service provider to order them to NOT destroy or delete records/evidence in its possession.
• good for 90 days.

Question 31

multi jurisdiction warrants:

Answer 31

• a warrant that is effective in ALL districts where the evidence is located.