SABT 7 D Electronic Sur Order

Question 0

2 ID electronic surveillance evidence and the requirements for its storage and destruction.

Question 1

I ID methods to obtain and use electronic surveillance.

Answer 1

• RAC/ GS approval
• may be verbal
• life of the investigation
• Note in N-Force
• Notify AUSA in Fed judicial district over the inv

Question 2

when using ESE who must be present at all time when the device is operating

Answer 2

consenting party

Question 3

Who do you notify during an Emergency approval

Answer 3

RAC/GS permission via TC
or notify the RAC as soon as possible after interception
notify AUSA as soon as possible
-note date and time approval in case management log

Question 4

The BOP requires a _____ or _____ before releasing transcripts or recording

Answer 4

Grand Jury

Administrative subpoena

Question 5

BOP requires a ____ to monitor telephone conversations between inmates a or between inmate/undercover agent

Answer 5

T-III

Question 6

The following do not qualify as ES evidence

Answer 6

• copies of police dash camera tapes

- security camera tapes

Question 14

Recorder are for ___-

Answer 14

Evidence not Officer safety

Question 15

require court approval in the form of a court order which allow Telephone and other verbal and electronic communication to be monitored and recorded even when no party to the communication has given prior consent (Title III, pen register devices, trap adn trace services and tracking devices)

Answer 15

Judicial Interception (nonconsensual)

Question 16

Does not require court approval but is administratively controlled by the Bureau and by the Department of Justice in order to protect the constitutional rights of persons. At least one party to the conversation (agent, informant, cooperating person) must consent to the interception
-Who approves

Answer 16

Non Judicial (consensual)

• RAC or G/S approves
• Notify the AUSA
• secure prior to monitoring any subject, may be verbal
• Note in N Force
• Remains in effect for life of the investigation
• consenting party must be present at all times when ES device is operating

Question 17

Who approve ES equipment

Answer 17

RAC/GS prior to using

-equipment will not be loaned to an outside agency wO approval from RAC/GS

Question 18

Temporary Joint participation
Non judicial who approve where other FED, state, local LEO are using ES even when permission has been obtained from the state

Answer 18

RAC/GS
DOJ and SAC approval for non judicial sensitive electronic surveillance
-note in N Force
-ES requirement are the same as ATF only inv
-will identify in N Force all persons overheard or monitored

Question 19

Temporary/Joint participation
Judicial
who approves to participate in T-III by another Fed agency

Answer 19

SAC approval even when working with state or locals

-ATF division counsel should be consulted

Question 20

Disclosure of ES information / evidence
-Non Judicial
the disclosing agent must submit a memo to the SAC with will ID
-Agency and name of person requesting the info/ evidence
-Date of disclosure
-Purpose for making the disclosure
-summary of the disclosure

Answer 20

SAC approval

-

Question 21

When BOP or US Marshall’s custody authorization to monitor convo without consent of all parties must be approved in

Answer 21

Writing by director or ass director of the Office of enforcement operations, criminal Div and US DOJ

Question 22

Pen register devices, trap and trace, triggerfish, tracking devices, cell phone/PDA video surveillance require authorization by who

Answer 22

RAC/GS

• Confer with US Attorney
• Document in N-Force
• Forward application to US ATTy and request ct order
• Note in N Force management log when court order obtained
• ROI date of initiation, planned config, ind involved in installation and monitoring, tech operations

Question 23

Are police dash cams and security camera tapes ES yes or no

Answer 23

no

Question 24

When can you destroy non judicial ES

Answer 24

when the case is closed

Question 25

When pen register devices, trap and trace services and tracking devices require ____the information obtained id treated as non judicial and will be destroyed when the case is closed

Answer 25

Court Order

Question 26

Judicial evidence T-III including court order and applications

• Must be retained for at least____years following final dispositions of the case
• T-III evidence can only be destroyed by ____
• A certified copy of the court order authorizing destruction

Answer 26

10 years
Court order
A certified copy of the court order authorizing destruction and a memo to file by the RA/GS must be placed in inv file