Deck 15: Obtaining Evidence From Computers or by Use of Search Warrants, Wiretapping, or Dogs Trained to Indicate an Alert

Question 1

Use of a drug-detection dog during a routine traffic stop in a public place

A)must be justified by probable cause.
B)must be justified by reasonable suspicion.
C)requires a warrant.
D)does not violate the Fourth Amendment if it does not increase the length of the stop.

Answer 1

D

Question 2

If police fear violence or destruction of evidence when executing a search warrant, they can request a ____________ warrant.

A)general
B)anticipatory
C)no-knock
D)participatory

Answer 2

C

Question 3

A trained drug-detection dog's alert is generally sufficient to

A)create probable cause.
B)excuse the warrant requirement.
C)excuse the exclusionary rule.
D)prove guilt beyond a reasonable doubt.

Answer 3

A

Question 4

If officers naturally (by ear) overhear conversations in public places,

A)it violates the Fourth Amendment.
B)it violates most state and federal statutes.
C)the evidence must be suppressed.
D)the evidence is admissible.

Question 5

Much of the law of wiretapping and electronic surveillance was changed by the USA _____________ Act.

A)PATRIOT
B)Anti-Terrorism
C)Electronic Interceptions
D)Communications Control

Question 6

Difficulty may occur in seizing evidence without court order for

A)wallets.
B)cell phones.
C)briefcases.
D)purses.

Question 7

In Kyllo.v.U.S., the U.S.Supreme Court held that using a thermal imaging device to detect temperature differentials in a home

A)was a Fourth Amendment search.
B)could be conducted only upon reasonable suspicion.
C)was a Fourth Amendment seizure.
D)was not covered by the Fourth Amendment.

Question 8

A warrant authorizing covert entry into a location to take photographs, plant listening devices, etc.(but not to seize evidence) is called a _____________ warrant.

A)general
B)anticipatory
C)exculpatory
D)sneak-and-peak entry

Question 9

Consent to search a computer permits officers to look at computer files, but only consistent with the scope of the________.

A)coercion
B)circumstances
C)consent
D)privacy

Question 10

Most wiretapping and electronic eavesdropping federal statutes allow such interceptions without a court order if

A)one party to the conversation consents to the interception.
B)the president or governor approves the interception.
C)family violence is involved.
D)no incriminating evidence is obtained.

Question 11

In ____________ v.U.S., the U.S.Supreme Court held that interception of communications without any physical intrusion or trespass was covered by the Fourth Amendment.

A)Gilbert
B)Wade
C)Almanza
D)Katz

Question 12

The Fourth Amendment requires that search warrants be

A)supported by reasonable suspicion.
B)based on probable cause.
C)approved by federal judges.
D)executed within three days of issuance.

Question 13

Although illegal child pornography is one of the fastest-growing businesses on the Internet, most of the illegal websites are _________.

A)run by hackers
B)overseas
C)secured by firewalls
D)free

Question 14

Most cyber evidence is used to help reveal crimes against

A)children.
B)elderly.
C)businesses.
D)homeowners.

Question 15

A search warrant authorizing officers to enter a home or office does not authorize the officers to search a computer found in the premises, unless the search warrant identifies the __________as part of the authorized search

A)peripheral
B)file
C)owner
D)computer

Question 16

No exception in federal law permits electronic surveillance or ________by one family member on another.

A)snitching
B)eavesdropping
C)wiretapping
D)consent

Question 17

If the government performs a search without a warrant, to justify the search, the government must show that the search falls within one of the ____________ to the warrant requirement.

A)exceptions
B)margins
C)exclusions
D)inclusions

Question 18

In Alabama v.White (1990), the Court held that an anonymous tip could create a reasonable suspicion if

A)it was corroborated in part by police observation.
B)police obtain the phone number of the anonymous informant.
C)police record the tip.
D)the case is a felony.

Question 19

In general, a person's computer has the least Fourth Amendment protection

A)if it is a government owned computer in a government workplace.
B)if the computer is used for commercial purposes.(if the computer is in a home and in plain view)
C)if the computer is portable.
D)if the computer is used in a movable vehicle.

Question 20

In the case of government employees, courts generally hold that the employee has no legitimate expectation of privacy in a __________used in that employment.

A)computer
B)purse
C)locked file cabinet
D)briefcase

Question 21

Court orders for wiretapping and electronic eavesdropping are generally not required if one party to the conversation consents.

Question 22

Even if police do not have a warrant, they can still search a computer or any location if they have consent from a person in authority.

Question 23

The broadcast portion of cell phone conversations is not covered by federal law.

Question 24

Child pornography web sites generate more than $3 billion annually of illegal money.

Question 25

An alert by a trained drug detection dog constitutes reasonable suspicion but cannot constitute probable cause.

Question 26

Federal law allows secret taping of conversations as long as one of the parties to the conversation consents.

Question 27

Computers owned by the government and used by government employees have less Fourth Amendment protection than computers in homes.

Question 28

The USA PATRIOT Act modified prior law on electronic eavesdropping.

Question 29

Federal and state wiretapping and eavesdropping laws have exceptions for family members who are monitoring other family members.

Question 30

The Fourth Amendment requires that warrants be executed during the nighttime.

Question 31

Federal law authorizes the use of "roving wiretaps" to cover suspects who use a series of different telephones.

Question 32

Confrontational telephone calls by witnesses or victims to assist the police should be conducted before charges are filed.

Question 33

Wiretapping and electronic eavesdropping are not covered by the Fourth Amendment.

Question 34

A search warrant must be issued by a neutral and detached judge or magistrate.

Question 35

In general, suspects do not have a right to privacy for their conversations that take place in police cars or jails.

Question 36

The Fourth Amendment requires that warrants be based on reasonable suspicion.

Question 37

Under the Fourth Amendment, drug detection dogs may not be used during routine traffic stops.

Question 38

Government access to stored e-mails is not covered by federal law.

Question 39

Use of a thermal imaging device to investigate a home is a Fourth Amendment search.

Question 40

In Katz v.U.S., the Court held that interceptions of communications were neither a Fourth Amendment search nor a Fourth Amendment seizure.

Question 41

The statutory exclusionary rule for unlawfully intercepted telephone conversations does not apply to _______.

Question 42

A/n ______________ search warrant is one that will be executed at some specified future date.

Question 43

The Fourth Amendment requires that assertions of facts in the warrant application be supported by oath or _____________.

Question 44

The Fourth Amendment requires that warrants ____________ describe the places to be searched or things to be seized.

Question 45

In Illinois v.____________, the Supreme Court allowed the use of drug dogs during routine traffic stops.

Question 46

Luggage or a package may be _________to obtain a search warrant where probable cause exists to believe that the package or luggage contains evidence of a crime

Question 47

Discuss, describe, compare, and contrast anticipatory, no-knock, and sneak-and-peak warrants.Provide examples of each.

Question 48

The law of electronic surveillance was modified by the USA ____________ Act.

Question 49

Define administrative search warrants and the requirements of these types of warrants.

Question 50

In Kyllo v.U.S., the Supreme Court held that use of a thermal imaging device against a home is a Fourth Amendment ______________.

Question 51

To continue monitoring the calls of suspects who frequently change phones, federal law authorizes the use of ____________ wiretaps.

Question 52

Warrants must be issued by a neutral and ____________ magistrate or judge.

Question 53

In U.S.v._____________, the U.S.Supreme Court expanded Fourth Amendment protection to cover interception of communications.

Question 54

Electronically listening to conversations over the traditional telephone is called _____________.

Question 55

What were the facts and holding of the U.S.Supreme Court in Katz v.U.S.?
Why is this decision important?

Question 56

Courts require search warrants aimed at computer _______to tailor the search towards files likely to include the information identified in the warrant.

Question 57

Describe four Fourth Amendment requirements for the issuance of valid search warrants.Provide examples of each.

Question 58

The Fourth Amendment requires that warrants be based on _____________ cause.

Question 59

A warrant that excuses the usual knock, announce, and wait requirements for execution is called a _____________ warrant.

Question 60

Discuss daytime and nighttime warrant executions and no-knock entries.What problems do you believe are inherent with each? Do you agree with the courts? Why or why not?

Question 61

Discuss using Global Positioning Systems (GPS) in evidence collection.

Question 62

Discuss overheard conversations in terms of evidence collection.

Question 63

Discuss e-mail in terms of evidence collection.