exam 7 Flashcards
(131 cards)
1
Q
What is a device which records or decides dialing, routing, addressing, or signaling information by transmitted by an instrument or facility from which a wire or electronic communication is transmitted?
A
Pen register
2
Q
A device or process which captures this the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonable likely to identify the source of a wire or electronic communication?
A
Trap and Trace device
3
Q
No person may install or use a pen register or a trap and trace device without first obtaining what?
A
A court order under section 3123
4
Q
Whose approval is required prior to initiating consensual monitoring?
A
RAC/GS
5
Q
What cases are considered sensitive cases?
A
- High federal officials
- Public officials
- Federal LEOs
- Members of diplomatic corps
- Protected witnesses
- Federal prisoners
6
Q
If a tracking device is going to be placed in a car or other object without consent of the owner what is needed?
A
A warrant, or court order for installation
7
Q
What applies to the interception of wire, oral and electronic communications that are non consensual in real-time?
A
Title III -Wiretap act
8
Q
What communications using human voice transmitted, but not the recovery of stored electronic communications?
A
Wire communications
9
Q
Communications by human voice between people who are together in the same physical location when those persons have a reasonable expectation of privacy?
A
Oral communications
10
Q
What communications other than human voice including digital display pagers, fax machines, electronic mail, computer transimissions and, in some cases satellite transmission?
A
Electronic communications
11
Q
What does Title III include?
A
- Wiretaps
- Listening devices
- Real-time intercept of electronic mail, or fax or texts
- cloned cellular phones
- Mapped closed circuit video
- Cloned pager
12
Q
What does Title III not include?
A
- Consensual monitoring
- Pen register/trap and trace
- Toll records
- Closed circuit video
- Pole camera
- Tracking device
- Stored voice mail
- Triggerfish/stingray
13
Q
ATF will only seek approval of Title III interception in cases within ATFs primary jurisdiction that involve?
A
- Organized criminal activity
- Organized crime drug enforcement taskforce investigations
- Terrorism or subversive activity
- Illegal international firearms trafficking
- Major illegal domestic firearms trafficking
- Possession of firearms by prohibited persons where a substantial risk is posed to public safety
14
Q
What is the highest DOJ approval for a wire tap?
A
Assistant attorney general
15
Q
How long is a Title III good for?
A
30 days without an extention
16
Q
What type of court authorization is required for consensual monitoring?
A
None
17
Q
What court authorization does GPS tracking retire?
A
Tracking warrant (rule 41)
18
Q
How long is a GPS tracker good for?
A
45 days
19
Q
What court authorization is required for a pen register?
A
Court order
20
Q
If an agent has any of this material in his or her file they should not be used as an undercover agent without the affected USAOs concurrence?
A
Giglio material
21
Q
What is considered Giglio material?
A
- Any finding of misconduct that reflects upon the truthfulness or possible bias
- Any past or pending criminal charge
- Any credible allegation that reflects upon the truthfulness possible prejudice
22
Q
It is vitally important that informants be what to protect their usefulness?
A
Scrutinized and carefully managed
23
Q
What must never be contingent upon prosecution, conviction, punishment or testimony? (Unless for tax violators)
A
Rewards for CIs
24
Q
In order to defeat an entrapment defense the gov’t must prove beyond a reasonable doubt that either
A
- There was no inducement
2. That the defendant was predisposed to commit the crime
25
What are the general guidelines for avoiding entrapment?
1. Illegal nature of the criminal activity must be reasonably clear to the target
2. Any inducement offered to the target must be justified
3. Must have reasonable expectation that the inducement offered will reveal illegal activity
26
What amendment protects against self incrimination?
The 5th amendment
27
What amendment protects the Right to counsel?
The 6th amendment
28
Which amendment is offense specific?
The 6th amendment
29
What needs to be done to all tapes?
They need to be transcribed
30
Whose approval is required to use and A/C funds?
RAC/GS
31
What are agent cashier funds are used for what?
Purchasing of evidence, information or services where the identity of the Gov’t needs to be concealed
32
What are some examples of A/C purchases?
1. Evidence/information
2. CI subsistence
3. Payment for court documents
4. Lodging for CI, victims and witnesses
33
What is the illegal taking of funds, without permission, that typically occurs during covert enforcement operations?
Theft
34
What is the maximum amount of funds per investigation?
$100k
35
What is the limit per single suspect whether as a single purchase or a cumulative total per investigation?
$20k
36
What is the max amount agents are allowed to pay CIs per day in subsistence funds?
$200
37
What is the one time purchase of information limit per person?
$500
38
T or F? Subsistence can only be paid to documented and approved ATF CIs?
True
39
T or F? A CI can never sign the receipt with an alias?
False, if the Alias is documented in the CI file they can
40
T or F? An agent or other LEO must witness all payments to the CIs?
True
41
What information is needed to complete a request for funds form?
1. RAC/GS approval
2. Documented on the ATF 3251.3 form
3. Funds are utilized for approved purposes
4. Unused funds are returned and documented on the request for funds form
42
When must the funds be returned with a form to the RAC/GS after the expenditure is made?
Within 5 business days
43
What interception is not consensual, covert and court approved?
Judicial interception
44
What interception is consensual, overt and is agency approved?
Non-judicial
45
Who is the approval authority for non-judicial interception?
RAC/GS unless “sensitive”
46
What are sensitive areas that require approval?
1. Higher federal official
2. Public officials
3. Diplomatic officials
4. Protected witnesses
5. Federal prisoners
47
What does not qualify as E/S evidence?
1. Copies of police dash cams
2. Security camera recordings
3. Consensual interviews
48
What is E/S typically used for?
1. Safety
| 2. Evidence
49
T-III court order and applications must be retained for at least how long?
10 years after final disposition
50
Who is the approval authority to participate in a T-III conducted by another agency?
SAC
51
Are pen registered and trap and traces treated as non-judicial or judicial intercepts?
Non-judicial
52
Can ATF surveillance equipment be loaned to to other agencies?
Yes with RAC/GS approval
53
When can you destroy non-consensual (judicial) evidence?
5 years after final disposition, 10 yrs after for T-III
54
When can you destroy consensual E/S evidence?
Once the case is closed
55
What are the 4 catergories of undercover investigations?
Category 1- general/limited contacts (street level buys)
Catergory 2- extended/periodic contacts (support role to enhance undercover theme or story already in play)
Catergory 3- long periods of undercover contacts
Catergory 4- long term/deep cover
56
What is the purpose of a transmitter ?
Safety
57
What is the purpose of a recorder?
Evidence
58
What is required after continuous/repetitive or deep cover assignments ?
Re-integration
59
What is the most common tier of otherwise illegal activity ?
Tier 2 OIA
60
How often is a newly executed CI agreement required?
Once a year at the time of the suitability review in Janurary
61
What is the most important thing concerning a CI?
Control
62
What is a purchase of evidence from a suspect by a CI that is directed and monitored by an agent from a remote location?
Controlled purchase
63
What must always be done to the CI and their vehicle?
Search them and their vehicle
64
What are the motivations for gangs to commit crimes?
Battles for power, profit and prestige
65
What should be used to establish priorities strategies and initiatives to positively impact violent crime?
Area specific Intelligence
66
What arethe Big Six motorcycle gangs?
1. Hells Angels
2. Outlaws
3. Pagans
4. Bandidos
5. Mongols
6. Sons of Silence
67
What are the greatest criminal threat to the US?
Mexican TCOs
68
What does the US gov’t consider to be the top domestic terrorism threat?
White supremacists groups
69
How often is CI continuing suitability reviews conducted ? And when?
Semi annually January and July
70
Is a Dedicated informant one of the catergories of informants?
No
71
What must be established and maintain with CI throughout their use?
Control
72
Who approves the intiatial suitability for CI use?
SAC
73
What ATF paperwork must the CI agree to with a signature?
The informant agreement
74
How do you determine if an informant can be controlled?
1. Motivation
75
Can a CI participate in violence?
No
76
Otherwise illegal activity tier 2 authorized what?
Buying firearms, guns, not major felonies
77
In order to maintain the integrity of your case you need to do what to the CI?
Search and vehicle CI before and after deal
78
Can you pay a CI for another agency?
No
79
When can a CI not be used?
When the have been removed for cause
80
What can you do to Corrobrate if a CI is providing reliable information?
Confirmation buy
81
Should a CI go to the briefing?
No
82
If you carry a gun during UC operation what should you do prior?
Practice with it and in the location you keep it
83
During a buy bust the UC should do what when the bust signal is given?
Create distance
84
Should a CI know bust signals?
No
85
Should a case agent be used as a UC
No
86
Who handles SS card, IDs and other documents for UC
UC Branch
87
What is the statute that prohibits a drug user from carrying a firearm?
18 USC 922 g(3)
88
How many people are required to sign drug evidence?
2 LEOS
89
What drug should not be field tested?
Heroin
90
Who should you submit a request for advanced funds to in order to use agent cashier funds?
RAC/GS
91
Where do you document the money you spent from agent cashier funds?
Report of expenditures
92
If you don’t use the Agent cashiers fund requested do you need to fill out a report of expenditures?
No state the amount returned on the request for advanced funds
93
Where do you report the transfer of money from Agent cashier funds?
On payment receipt
94
What form must the CI initial in order to state they understand the money they’re paid is taxable?
On payment receipt
95
Is a consensual recording E/S?
Yes
96
To use e/s without consenting parties you need approval from?
The courts with a court order
97
Who’s approval do you need to use prop merchandise?
Division SAC
98
When developing a backstory what is the best practice?
99% rule
99
Who decides if you want to do undercover work?
You do
100
What cannot be used as props?
Items subject to asset forfeiture
101
What is the purpose of undercover operations?
Allows law enforcement officers to obtain direct evidence
102
Afterdeep undercover operations do you need to open another case right away?
No not until the undercover case is closed
103
What should you check prior to using a recorder?
That the date and time are correct
104
What is included in the preamble?
Date,time, location, name, case number etc.
105
What are the responsibilities of the surveillance team during undercover operation?
Take notes, pay attention, monitor the wire
106
Who approves OIA tier 2?
SAC
107
Definition for a gang according to title 18 is how many people?
5 or more
108
Criminal activity for a gang must have occurred within how many years?
5 years
109
What specific event in the 1940s led to the start of OMO’s
WWII
110
What is the most common patch worn by OMO?
The three piece patch
111
Does the big six of OMO’s include the Vagos?
No
112
What is the significance of the 1% patch?
Designates that the club is an outlaw motorcycle organization
113
Do we target groups and gangs because they are an organization?
Not unless they commit acts of violence
114
What constitutes the greatest drug trafficking threat to the United States?
Drug trafficking organizations
115
Why would a local gang want to hook up with a migo?
In order to have a drug connection
116
What can you do to maximize the range of a body transmitter?
Vertical antenna placement
117
What is the best evidence?
Digital recordings
118
What software is used to download to ADS?
US Bird
119
What are the ABC’s?
1. Antenna
2. Batteries
3. Connections
120
After the recording is downloaded to a CD you should?
Erase the recording
121
Where should microphones be hidden?
The center of the conversation
122
What sound might not be picked up by a recorder?
Gunshots
123
When preparing a body wire what comes first batteries or antenna?
Antenna
124
What is the purpose of a repeater?
It amplifies the signal
125
What is the negative aspect of using a High watt device?
Short battery life
126
What device is used to search the atmosphere for signals?
RF transmitter
127
In order to do a pole cam what do you need?
In Internet connection
128
Low power transmitters push out how much power?
250mw or (1/4 watt)
129
The systematic process to processing narcotics evidence includes
1. Photograph in original packaging
2. Weigh in original packaging
3. Seal bags (witnessed by at least 2 SA)
4. 2 SAs signatures required on bags
130
Narcotics weight will be entered in what unit of measurement?
Grams
131
Traditional Crime Organizations do what?
Cross international borders
