SABT 7 D Electronic Sur Order Flashcards
2 ID electronic surveillance evidence and the requirements for its storage and destruction.
I ID methods to obtain and use electronic surveillance.
- RAC/ GS approval
- may be verbal
- life of the investigation
- Note in N-Force
- Notify AUSA in Fed judicial district over the inv
when using ESE who must be present at all time when the device is operating
consenting party
Who do you notify during an Emergency approval
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
The BOP requires a _____ or _____ before releasing transcripts or recording
Grand Jury
Administrative subpoena
BOP requires a ____ to monitor telephone conversations between inmates a or between inmate/undercover agent
T-III
The following do not qualify as ES evidence
- copies of police dash camera tapes
- security camera tapes
Recorder are for ___-
Evidence not Officer safety
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)
Judicial Interception (nonconsensual)
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
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
Who approve ES equipment
RAC/GS prior to using
-equipment will not be loaned to an outside agency wO approval from RAC/GS
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
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
Temporary/Joint participation
Judicial
who approves to participate in T-III by another Fed agency
SAC approval even when working with state or locals
-ATF division counsel should be consulted
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
SAC approval
-
When BOP or US Marshall’s custody authorization to monitor convo without consent of all parties must be approved in
Writing by director or ass director of the Office of enforcement operations, criminal Div and US DOJ
Pen register devices, trap and trace, triggerfish, tracking devices, cell phone/PDA video surveillance require authorization by who
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
Are police dash cams and security camera tapes ES yes or no
no
When can you destroy non judicial ES
when the case is closed
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
Court Order
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
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
