SABT 7 A Title III &/Electronic Sur Law Flashcards
1 ID when Title IIIs must be used and the criminal violations within the primary investigative jurisdiction of ATF for which the law and ATF policy permit the use of Title III Electronic Surveillance Tech
1 Organized Criminal Activity
2 Organized Crime Drug Enforcement Task Force (OCDETF) inv
3 Terrorism or subversive activity
4 Illegal international FA trafficking
5 major illegal domestic FA trafficking
6 Possession of FA by a prohibited person where a substantial risk is posed to Public safety
2 Describe the administrative procedures, legal requirements, and workflow required to obtain judicial approval for Title III ES
Copy to AUSA, Copy to intelligence Div and HQ counsel, Should be sent to HQ thru field office Intell GS, IO/GS will forward to FA Intell Group, who will share it with HQ Counsel. B-Counsel and Intel Div review C-AUSA review D-Dept of Justice -OEO/ESU E-Submission to Ct F- Issuance of Ct order
3 Understand Title IIIs minimization requirements and how they impact on the operation of ES operations.
-what are protected convo LEO cant listen to
- must be familiar with the application
- may spot monitor for a reasonable time (only -3 minutes) to determine if convo subject to interception order, may spot monitor as often as necessary, but should allow at least 1 min to pass between each check
- Attorney client, atty can’t aide in comm of a crime
- Parishioner clergy member, Doctor Patient, Husband Wife
4 ID the legal and policy requirements that must be followed when conducting consensual monitoring.
Authorization must be approved by the ass director of Field Ops
A Person and agency to whom the information is disclosed
B Date and purpose of the disclosure
C A summary of the information disclosed
D specific dates, duration, target, etc of the the Title III order.
5 Id the laws and rules pertaining to the use of pen registers trap and trace, mobile tracking devices, video surveillance, and obtaining stored communications, Mail Covers, and FLIRs.
-Video only surveillance is governed by the 4th amendment, when REP is exist u need a SW,
-If no REP exist there is no need for a SW
SW in 6th circuit will require higher constitutional standards under Title III, PC need to show eist to believe that evidence of a FED crime will be obtained
who can issue a title III warrant
Federal District Ct Judge, (not magistrate) if you violate evidence will be suppressed, 5 yr penalty for violating (also a 4th amendment issue)
What case is the test for the 4th Amend REP)
Katz v US
Real time Oral communication that enter REP, real time interception of a wire, and electronic communication, bug in someone house
Need a title III
Consensual monitoring (body wire) Pen register/trap and trace -tool records -Pole camera -tracking devices -stored voice mail or email
Does not include Title III
Title II package must be approved by who
- what does it includes
- who to go to
AUSA, DOJ, ATF HQ,
- application, agents affidavit, courts order
- Fed circuit Judge not magistrate
If the bad guy have 9 different locations and phone,
All need to be ID, est PC, targets are using the facility
how long are title IIIs good for
- can you apply for extensions
- Is there a limit to the # of extensions that may be granted,
30 days max, district ct can give an extension,
-affirm that Minimization procedures will be followed
-Need a Memo from DOJ approval and be signed by the AUSA under oath (not ATF)
-(OEO) Office of Electronic review Title III
should be prepared and filed prior to the expiration of initial 30 days
(No limit of extensions)
Title III must have in application
List of dirty calls with the phone, show they have violations done on the phone.
-Tell why a normal Inv will not work, how all others have failed
ST 1 -Prepare the affidavit -copy to AUSA , Copy to intelligence Div 2 Review AuSA will review and comment intell will forward to counsel and prepare memo for ADFO 3 Submission to DOJ 7-10 days -Doj office of Enforcement OP (OEO) 4 Submission to CT 5- Issuance of Ct order
Procedure of Tittle III
Attorney Client
Priest penitent
-Doctor Patient
-Husband wife
Privileged Communications
new crimes separate from Title what do you need to get
A separate title III, can’t listen until you get the new one.
Conspiracy threatening Nat security
- cons involving org. crime
- immediate threat of death or serious injury
Emergency Title III (almost instant) (within 48 hours to approve for a real T-3) must be approved by the Director of ATF , not prior authorization by district court judge
18 USC Section 2518(7)
When targets use un ID or random facilities
Roving Interceptions
Treat these like 6E material, can’t tell anyone
Title III
Cts will notify the target of Title III intercept of the App within 90 days of the denial of application or within 90 days of the termination of the surveillance
- unless extension is granted
- Gov must demonstrate good cause for the delay
Notice to the targets (Gov may request a delay of the notification for good cause)
one party to a communication has given consent to monitoring, no court order required
Consensual Monitoring,
RAC or GS approve
, AUSA has to be notified
Sensitive Cases
- Who approves
- How many parties can consent
involving members of congress, federal judges, and any other Fed official holding a position of executive level IV, Public officials, FLEO, diplomatic corps, protected witnesses, Fed prisoners
- DOJ approves (oeo)
- one party can consent
Good for 60 days
- Court order
- Attorney for Gov must certify that info likely to be obtained is relevant to an ongoing crime inve``
- extensions may be made, need new showing must be made that requirement of title 18 USC 3122 have been met
Pen Register / Trap and Trace
device which records or decodes dialing, routing, address, or signaling info transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, shall not Include the content of any communication ( Numbers out )
Pen Register
captures the incoming electronic or originating number or other dialing, routing, addressing, and signaling info likely to ID the source of a wire or electronic communication shall not include the content of any communications Numbers In
-What judge can issue this
Trap/Trace
(email not included bc of the Patriot Act) give source destination phone numbers, times, etc
-Not govern my Title III not a search requires no 4th amendment
Federal magistrate
Content of the email real time
T-III not real time = search warrant
Video only surveillance not covered by
-if in a public place
T-III, needs approve by DOJ if put inside REP
-need nothing no REP
Mobile tracking device what is needed
Warrant required
- Rule 41 Federal Rules of Criminal Procedure
- good for 45 days
Stored commutation for content 180 days or less you need what
search Warrant
Stored evidence over 180 days what do you need
court order, subpoena or SW
A postal trap/ Pen
contact local local postal inspector
criminal case only
Mail covers (trap and trace)
cant electronically recored or monitor conversations with other ATF employees
Ethics, conduct and accountability
can use anything to see things better except
- binoculars, infrared ok
- can not use anything to hear better without T-III or consent
- Soup can
X-rays (see things Better)
in room 214 u hear thru wall is there a violation = no
-soup can to help hear = T-3
-
-
This lays out Fed requirements governing the use of electronic devices to conduct non consensual intercepts of real-time transmission of wire, oral, and electronic communications.
-also know as
The Omnibus Crime Control and safe Streets Act of 1968 (known as Title III.)
Prior to what year____ no Federal Statute regulating wiretapping existed.
A. 1924
B 1934
C 1945
D 1999
B 1934
In \_\_\_\_ the supreme court laid the groundwork for what would be ultimately become Title III in Olmstead V US case. Prohibition agents tapped a perp phone WO his consent or SW off his premises were found not to violated his 4th Amend Rights. A 1948 B 1918 C 1928 D 1911
C 1928
this prohibits wiretapping by any means, including FED LEO.
A Olmstead Act
B Outlaw Act
C War on Drugs Act
D. The Federal Communications Act of 1934
D The federal Comm Act of 934
IF LEO intruded on a person REP to bug or eavesdrop what is required. A SW or Consent B Tittle III, and subpoena C PC or sworn statement D LEO can do what tha fuck we want too
A SW or consent
In response to the Supreme Ct decision Katz vs US congress passed Title III in what year that regulate the manner in which LEO may lawfully conduct real time interceptions of wore and oral communications. A 1957 B 1962 C 1968 D 1980
C 1968
What are the two ways LEO can do surveillance without obtaining a Title III court order
A Must get SW and Have PC
B Violent criminal and he is wanted
C When sus have no REP or Consent by one party
D BC I said so
C No Rep or consent by one party
with this Congress added a new category of communications (electronic communications) whose interception would now be regulated, it would not include non-oral or wire communications that occur over the computers, digital display pagers, and facsimile machine telephone stored comm. A Olmstead Act B The Katz Act C Communication Privacy ACT (ECPA) D. Rico PGG ACT
C Communication Privacy Act (ECPA)
Title III applies to the interception of wire, oral, and electronic communication, but not the recovery of
A Future info
B Clone pagers
C Stored electronics
D real time intercept of calls
C Stored Electronics
Communications using human voice transmitted, at least in part, by wire, including landline, Telephone, cell phones, and voice pages,
A Oral Communications
B Electronic Communications
C Wire Communications
D None of above
C. Wire Comm
What is Communications by human voice bet people who are together in the same physical location when those person have a reasonable expectation of privacy.
A Oral Communications
B Wire communications
C Electronic Communications
D none of the above
A oral Communications
What is communications other than by human voice including digital display pages, fax machine, electronic mail, computer transmissions and, in some cases, satellite transmissions.
A Wire Communication
B Oral Communication
C Electronic Communication
D None of the above
C Electronic Communication
What do you need for A Trap Trace
1 wiretaps B Pen Register
2 Listening device (bugs) C Title III
3 Real time intercept of electronics D Grand Jury subpoena
4 cloned cellular phone
5 Mapped Closed circuit video
6 Cloned pager
B Title III Court order
T/F you need a Title III court order to receive a Consensual monitoring ie body wire -pen register/ trap and trace -toll records -closed circuit video (installed by agents) -pole camera -tracking devices -stored voice mail -tiggerfish ( if operated by LEO)
False
What is the code section for crime that require a Title III ct order A 18 USC 844 B 18 USC 842 C 18 USC 2516 D 922 (g)
C 18 USC 2516 Must be a federal felony
The Application/ Affidavit
application
2 the affidavit and
3 the order
both must ID he applicant SA, ID the type of comm to be
intercepted, ID the specific Fed offense, nature and location of the interception, ID all targets, justify the need for ES, list other Inv tech that have been tried and failed, or unlikely to succeed
-affidavit contains a complete list of all previous interception application
-request an order extension not more than 30 days from either the day on which the interception begins or 10 days after the order is entered, which is earlier
-Affirm standard minimization
-be accompanied by Dept of Justice approval memo,agent affidavit, Ct order,
-Application must be signed by AUSA under oath, must Est PC
-Must be executed by under oath by LEO
ES often result in the collection of evidence relating to previously unknown targets, facilities, or offenses.
- Treated the same as new request
- must address new info, not simply recite the same facts as the orginal
Spin-offs
allows electronic surveillance without prior court authorization in limited situations
1 Conspiratorial activity threatening national security
2 Cons activity characteristic of organized crime
3 situations posing an immediate danger of death or serious phy injury
Rep of FD contact
-The USAO
-DAD Field Operations
-Ass or deputy ass chief counsel
-Director
-Attorney General
-Director will notify OEO office of enforcement operations
Emergency Procedures
Application for Tittle III Authorization must be submitted as normal within in \_\_\_\_ Hours of the ER interception A 12 B 24 C 48 D immediately
C 48
Interception WO requiring that a specific facility or premises be ID 18 USC 2518(11) (12)
- focus on target not facility
- used very infrequently and only when ABSOLUTELY necessary to make progress in inv.
- must est PC for the offense, show targets using mult locations or facilities to thwart ES
- Agents must ID a specific location or facility that is being used by the targets and notify the CT of this ID as soon as practicable aft.
Roving Interceptions
Roving Interception are technically difficult and who should be contacted BF beginning an applicatiion A Special Operation B. Tactical Operation C DAD D SAC
A Special Operation
Suppression 18 USC 2515 unauthorized interception inadmissible
-Civil liability may be sued under BIVENS
-Criminal Punishment up to 5 yrs in prison
A notice to target
B Consequence of unauthorized interception
C Pin Register
B Consequence of Unauthorized interception
Where one one person give consent to monitoring, no ct authorization is required (CI or UC)
-Who approves
- Consensual Monitoring
- RAC/ GS and AUSA from FED district having jurisdiction over inv`1
_____ made changes to the pen/trap statute relating to its scope and courts may now issue pen/trap orders with nationwide effect.
(Attorney in district A can authorize a pen/trap in in district B from a single order)
USA Patriot Act
Trap and trace devices are not regulated by ____
Title III
Applying for a CT order for pen register or trap and trace device
- Who may request
- Application must be ___, what Court_____ or _____
- The application must ____ the attorney for the Gov and the ______ conducting the investigation.
- Certification by the applicant
Attorney for the Gov
- Under oath, US district ct, magistrate Judge, or ct of appeals
- Identify the ATTy for the Gov, ID of LEO agency conducting the inv.
Video only surveillance will not be longer than _____ days
- WO any 10 day grace period
- Who approve this request
30, extension can be got 30 days
DOJ
What do you need bf you can place a GPS tracker on a persons car
Warrant (transponder or beeper)
-Title III does not regulate govern by 4th Amendment (constitute a search)
To get identifying info from stored devices you can do this by three ways
1 SW
2 Court Orders
3 Subpoenas
Basic subscriber info can be obtained using a A affidavit B title III C Warrant D Subpoena
D Subpoena
Transactional records or other information LEO may use a
A court order
B affidavit
C title III
D. Sworn statement
A. Court Order
