Deck 9: The Fourth Amendment and Other Legal Issues

Question 1

By restricting the questioning, detaining, and arresting of citizens at the whim of the government, the Magna Carta introduced the notion of ________.

A) plain view
B) reasonable grounds
C) probable suspicion
D) exclusionary rule

Answer 1

B

Question 2

________ is the weakest standard that is sufficient to authorize an investigative detention.

A) Presumed guilty
B) Reasonable suspicion
C) Probable cause
D) Particularity

Answer 2

B

Question 3

Search warrants that include searches for "all records" have generally been considered to lack ________.

A) plain view
B) overbreadth
C) specificity
D) particularity

Answer 3

D

Question 4

What was the ruling of U.S.v.Carey on warranted searches of computer files?

A) The "plain view" doctrine is relevant to what is uncovered in computer searches.
B) Warrants are not needed for searches of computer files.
C) Since digital evidence can be stored virtually anywhere, it is necessary to search all possibilities.
D) Warrants require less particularity when a computer is an instrument of a crime.

Question 5

Which of the following can seize and liquidate property within the United States of any foreign individual, entity, or country who is suspected of planning, authorizing, aiding, or engaging in an attack?

A) the Supreme Court
B) the President or his/her designee
C) the Governor of that particular state
D) the police commissioner

Question 6

Which legal doctrine relates to whether investigators need to obtain a secondary warrant prior to further investigation if they find evidence of criminality unrelated to the initial warrant?

A) specificity
B) plain view
C) territorial privacy
D) Ortega doctrine

Question 7

According to the legal understanding of privacy, which of the following is NOT one of its categories?

A) physical
B) communication
C) territorial
D) social

Question 8

What does the exclusionary rule state?

A) If government agents engage in unlawful searches or seizures, then any fruits of that action could not be used in subsequent prosecutions.
B) If contraband is found in pursuit of items covered under the original warrant, a secondary warrant is necessary.
C) Warrantless searches at the border are acceptable on their face.
D) Officers are not precluded from making warrantless entries if they reasonably believe that an individual is in need of immediate aid.

Question 9

Which of the following ruled that it was proper and necessary to seize the computer system, as forensic analysis is not always possible at the scene?

A) U.S. v. Carey
B) U.S. v. Hay
C) U.S. v. Simpson
D) U.S. v. Sassani

Question 10

The standards and processes that safeguard the rights of individuals to be secure in their persons and property were enunciated in the first ten amendments of the Constitution and are commonly known as the ________.

A) Ortega doctrine
B) Magna Carta
C) Bill of Privileges
D) Bill of Rights

Question 11

Which of the following is considered the most effective tool in the arsenal to fight terrorism and computer crime alike?

A) USA Patriot Act
B) Wiretap Act
C) National Security Act
D) Immigration and Nationality Act

Question 12

Which of the following held that that there was no expectation of privacy for a thief using a stolen computer?

A) U.S. v. Simpson
B) U.S. v. Sassani
C) U.S. v. Lyons
D) Davis v. Gracey

Question 13

The standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime is known as ________.

A) probable cause
B) beyond a reasonable doubt
C) reasonable suspicion
D) particularity

Question 14

Which of the following is NOT true regarding searches occurring at the country's international borders?

A) The Department of Homeland Security provides agents the authority to search and share the contents of electronic devices.
B) Warrantless searches at the border are acceptable on their face.
C) Probable cause and reasonable suspicion are not necessary for routine searches.
D) The special exception does not cover computers that are seized at the border.

Question 15

What should an investigator do if contraband that does not come under the present warrant is found in pursuit of items covered under the original warrant?

A) focus on the original warrant
B) seize the contraband under the present warrant
C) get a secondary warrant
D) record it in the SOP and wait for the court's intervention

Question 16

Which of the following statements is NOT true regarding the totality of circumstances?

A) In legal terms, it would include a compilation of age, education, intelligence, and physical and mental conditions of the person granting consent.
B) The totality of circumstances has no effect on the scope of consent.
C) If a child's computer is the intended search target, parents may give consent if the child is under 18.
D) Government agents may not obtain consent to search certain specified items and subsequently use that consent as a license to conduct a general exploratory search.

Question 17

Which of the following cautioned investigators to obtain secondary warrants when specified and unspecified documents were seized wholesale, and specifically ruled that further approval of a magistrate is necessary?

A) Weeks v. U.S.
B) U.S. v. Lyons
C) Art Galleries-Hawaii, Inc. v. U.S.
D) U.S. v. Tamura

Question 18

Which of the following statements is NOT true regarding consent for warrantless searches?

A) Networked computers are not immune from consent searches, even though system operators may have access to most files.
B) Consent may be given by a third party if that third party has a shared interest or authority over the equipment.
C) Consent searches are admissible without a warrant if consent is given voluntarily by an individual who has the proper authority over the area to be searched.
D) In computer cases, the presence of encryption may negate the concept of common authority if that person giving consent had previously not been given the unlocking capability by the owner.

Question 19

In which of the following was the exclusionary rule first enunciated?

A) U.S. v. Tamura
B) Art Galleries-Hawaii, Inc. v. U.S.
C) Weeks v. U.S.
D) U.S. v. Lyons

Question 20

The particularity requirement is somewhat burdensome for officers investigating crime relating to ________ due to its unique characteristics.

A) the human body
B) property
C) computers
D) intellectual property

Question 21

Which of the following acts made it unlawful for local, state, or federal law enforcement authorities to search or seize those materials that may be publishable?

A) the Wiretap Act
B) the Patriot Act
C) the Privacy Protection Act
D) the National Security Act

Question 22

The increased use of which of the following is argued as evidence of the U.S.Patriot Act's potential danger?

A) Omnibus Crime Control and Safe Streets Act
B) Foreign Intelligence Surveillance Act
C) Federal Rules of Civil Procedure
D) National Security Letters

Question 23

Which of the following ruled that the locality of the offense, not the personal presence of the offender, is the constitutional basis for venue?

A) Travis v. U.S.
B) U.S. v. Park
C) Johnson v. U.S.
D) United States v. Charbonneau

Question 24

Under the Ortega doctrine, employers who fail to warn employees of systems monitoring or allow employees access to electronic mail for personal reasons as well may lose some of their monitoring powers over employees due to an elevated expectation of privacy.

Question 25

The Privacy Protection Act has been criticized by various courts and numerous citizen groups for its vagueness, ambiguity, and the overbroad scope of its content.

Question 26

The expectation of privacy is a legal concept that was judicially created.

Question 27

Officers who make warrantless entry if an individual is in need of immediate aid cannot seize contraband or criminal evidence that is in plain view.

Question 28

Section 207, Title II of the U.S.Patriot Act expanded the duration of FISA surveillance of non-U.S.persons from 45 to 90 days.

Question 29

The search of an individual and his or her immediate vicinity upon arrest has been determined reasonable, as it is necessary to ensure the safety of the officer and those around him or her.

Question 30

The courts have indicated that subscribers to ISPs have a reasonable expectation of privacy in their basic subscriber information.

Question 31

The Supreme Court can seize and liquidate property within the United States of any foreign individual, entity, or country who is suspected of planning, authorizing, aiding, or engaging in an attack.

Question 32

Reasonable suspicion may be defined as that standard or amount of evidence necessary to affect an arrest when an officer has reason to believe that the accused is guilty beyond a reasonable doubt.

Question 33

On its surface, the Privacy Protection Act applies specifically to computer searches, while the Electronic Communications Privacy Act attaches the same significance to electronic bulletin boards and other online computer systems.

Question 34

Under the original Wiretap Act, a communication was intercepted if the acquisition of the communication was contemporaneous with the transmission of information from sender to recipient.

Question 35

Prior to the passage of the Patriot Act, law enforcement had access to stored wire communications but not stored electronic communications.

Question 36

In Travis v.U.S., the court ruled that the personal presence of the offender, not the locality of the offense, is the constitutional basis for venue.

Question 37

Consent for warrantless searches may be given by a third party if that third party has a shared interest or authority over the equipment.

Question 38

The Fourth Amendment does not protect chat room conversations.

Question 39

Which of the following sections of Title II of the U.S.Patriot Act includes provision for potential administrative discipline and civil action against the U.S.government?

A) section 213
B) section 216
C) section 223
D) section 203

Question 40

In which of the following cases did the court hold that cell phones are more appropriately treated as containers that store vast amounts of information?

A) U.S. v. Finley
B) U.S. v. Park
C) U.S. v. Robinson
D) U.S. v. Zamora

Question 41

The Fifth Circuit upheld a ________ of a cell phone incident to a drug arrest even though the search of the seized phone occurred hours later at a different location.

Question 42

Under the ________, employers who fail to warn employees of systems monitoring or allow employees access to electronic mail for personal reasons as well may lose some of their monitoring powers over employees due to an elevated expectation of privacy.

Question 43

Generally speaking the courts have ruled that information which users voluntarily post to Web sites does not maintain a ________ of privacy unless affirmative measures are taken to ensure said privacy.

Question 44

In the most basic sense, ________ is a standard which is less than probable cause, but one which is sufficient to authorize an investigative detention.

Question 45

Trace the evolution of legislation on electronic communications and privacy.

Question 46

The standards and processes to safeguard the rights of individuals to be secure in their persons and property were enunciated in the first ten amendments of the Constitution and are commonly known as the ________.

Question 47

Title ________ of the U.S.Patriot Act addresses parameters and procedures for electronic surveillance, and has been criticized most often by privacy advocates.

Question 48

________ in cyberspace is all but intangible as it has traditionally been defined by established boundaries on the intrusion into a specific space or locale.

Question 49

The ________ Act extended provisions originally found in Title III of the Omnibus Crime Control and Safe Streets Act of 1968 to include nonaural electronic communications, including electronic mail.

Question 50

Investigators should seek secondary warrants whenever they are in doubt as to the scope of the original warrant so as to avoid challenges based on ________.

Question 51

First enunciated in Weeks v.U.S., the ________ stated that if government agents engage in unlawful searches or seizures, then all fruits of that action could not be used in subsequent prosecutions.

Question 52

Discuss in what circumstances warrantless searches are permitted.

Question 53

The Patriot Act is comprised of __________ distinct titles with corresponding subsections.

Question 54

In legal terms, the ________ would include a compilation of age, education, intelligence, and physical and mental conditions of the person granting consent.

Question 55

Distinguish between probable cause and reasonable suspicion in light of the Fourth Amendment.

Question 56

Generally speaking, the concept of ________ may be divided into distinct categories: physical, communications, information, and territorial.

Question 57

Search warrants that include searches for "all records" have generally been considered to lack ________.

Question 58

The ________ forbade questioning, detaining, and/or arresting of people at the whim of the government and introduced the notion of "reasonable grounds," the precursor to the American concept of probable cause.

Question 59

Discuss in detail the USA Patriot Act.Do you think it infringes upon the right to privacy of the American citizens? Elaborate.

Question 60

When can an officer undertake warrantless searches? Elaborate on the moral issues, if any, relating to privacy of the individuals who are searched.