Question 1

So-called sneak-and-peek searches have typically been used to investigate homicide.

Accepted Answer

Sneak-and-peek searches, authorized under the USA PATRIOT Act, are primarily used in investigations related to terrorism or espionage, not typically for homicide investigations. These searches allow law enforcement to search a home or business without immediately notifying the target of the search.

Question 2

In which case did the U.S.Supreme Court rule that all detainees held at Guantanamo are entitled to habeas corpus?

Accepted Answer

In Boumediene v. Bush (2008), the U.S. Supreme Court ruled that detainees at Guantanamo Bay have the right to habeas corpus, allowing them to challenge their detention in U.S. courts. This decision established that the constitutional protection of habeas corpus extends to non-U.S. citizens detained at Guantanamo Bay.

Question 3

Sneak-and-peek searches are limited to terrorism investigations.

Accepted Answer

Sneak-and-peek searches are not limited to terrorism investigations; they can be used in various types of criminal investigations under the USA PATRIOT Act.

Question 4

Expanded by

Accepted Answer

"Expanded by" is not a complete sentence; it lacks a subject and a verb, making it a fragment rather than a full statement.

Question 5

The government is required to meet a higher probable cause standard than that used in ordinary criminal investigations.

Accepted Answer

The standard of probable cause for government actions, including searches and seizures, is consistent across both ordinary criminal investigations and other government-required probable cause assessments. The requirement does not vary in degree but applies uniformly to protect individuals' Fourth Amendment rights against unreasonable searches and seizures.

Question 6

In which case did the U.S.Supreme Court hold that a U.S.citizen held abroad possessed the right to challenge his or her classification as an enemy combatant?

Accepted Answer

In Hamdi v. Rumsfeld, the U.S. Supreme Court held that a U.S. citizen detained in the United States as an enemy combatant must be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker. This case specifically addressed the rights of U.S. citizens detained as enemy combatants, including those held abroad.

Question 7

In which case did the U.S.Supreme Court hold that the conflict with al-Qaeda must be regulated by Article III of the Geneva Conventions?

Accepted Answer

In Hamdan v. Rumsfeld, the U.S. Supreme Court held that the military commission set up by the Bush administration to try detainees at Guantanamo Bay violated both the Uniform Code of Military Justice and the Geneva Conventions, specifically pointing out that the conflict with al-Qaeda must be regulated by Article III of the Geneva Conventions.

Question 8

Electronic service providers when contacted by law enforcement may voluntarily disclose stored electronic communications in an emergency situation involving the risk of danger or death or the immediate risk of serious physical harm.

Accepted Answer

Under laws such as the United States' Electronic Communications Privacy Act (ECPA), service providers are permitted to voluntarily disclose information to law enforcement if there is an imminent threat of danger or serious physical harm to a person, allowing them to act in emergency situations without a court order.

Question 9

The United States is a government and country based on the rule of law.

Accepted Answer

The United States operates under a system of law where the law governs everyone, including lawmakers and leaders, ensuring that decisions and rules are made according to established laws rather than the whims of individuals.

Question 10

Law enforcement officers carrying out sneak-and-peek searches leave a copy of the warrant or a receipt indicating the material that they have examined in the dwelling.

Accepted Answer

Sneak-and-peek searches, authorized under the USA PATRIOT Act, allow law enforcement officers to search a home or business without immediately notifying the target of the search. They do not leave a copy of the warrant or a receipt at the time of the search to maintain the element of surprise. Notification is delayed for a period specified by the court.

Question 11

Shortly after taking office, the Obama administration replaced the phrase "war on terror" with "______."

Accepted Answer

The Obama administration introduced the term "overseas contingency operation" as a replacement for "war on terror" to signify a shift in how the United States approached its counterterrorism efforts.

Question 12

The commission system provides for all of the due process protections except ______.

Accepted Answer

The commission system does indeed presume the defendant innocent until proven guilty (A), ensures the defendant is represented by independent, appointed military counsel (B), and prohibits the introduction of evidence obtained through torture or in violation of the Detainee Treatment Act (DTA) (D). However, it does not determine guilt based on probable cause (C); probable cause is a standard used primarily for determining the legality of arrests or searches, not for establishing guilt in a trial. Guilt in a trial is determined based on a higher standard, such as "beyond a reasonable doubt" in criminal cases.

Question 13

All of the following were identified as fatal flaws of military commissions except ______.

Accepted Answer

Military commissions were criticized for issues such as exclusion from trial, failure to follow rules of evidence, and jury verdicts, but not for unlimited appeals, which is not considered a fatal flaw.

Question 14

Requests for a warrant to conduct surveillance of a threat to national security or for a warrant to conduct surveillance involving international terrorism are filed before multiple judges.

Accepted Answer

Requests for such warrants are typically filed before a single judge in a specialized court, such as the Foreign Intelligence Surveillance Court (FISC) in the United States, which handles requests for surveillance warrants against foreign spies and terrorists.

Question 15

Pen registers are employed to record telephone numbers dialed from a phone.

Accepted Answer

Pen registers are devices or processes that law enforcement agencies use to capture the dialed numbers and other outgoing information from a telephone line, but they do not record the content of the calls.

Question 16

Who is responsible for evaluating whether detainees are enemy combatants?

Accepted Answer

Combatant Status Review Tribunals are responsible for evaluating whether detainees are enemy combatants. These tribunals were specifically created to assess and determine the status of detainees held in military custody, to decide whether they qualify as enemy combatants.

Question 17

There are a wide variety of definitions of terrorism.

Accepted Answer

The definition of terrorism varies among scholars, legal systems, and government agencies, reflecting differences in perspective, emphasis on certain elements, and the evolving nature of terrorist activities.

Question 18

In order to obtain a FISA warrant, the government must demonstrate probable cause that the target is the agent of a foreign power or a member of an international terrorist organization

Accepted Answer

The Foreign Intelligence Surveillance Act (FISA) requires the government to demonstrate probable cause that the target of the surveillance is acting as an agent of a foreign power or is a member of an international terrorist organization to obtain a FISA warrant. This is part of the legal framework designed to ensure that the surveillance of individuals for national security purposes is conducted lawfully and with due process.

Question 19

Which of the following administrations claimed that the federal courts had no jurisdiction to review the treatment of detainees at Guantánamo naval base?

Accepted Answer

The Bush administration claimed that the federal courts had no jurisdiction to review the treatment of detainees at Guantánamo naval base, arguing that it was a matter of national security and outside the purview of civilian courts. This stance was part of the broader War on Terror policies following the September 11, 2001, attacks.

Question 20

A guilty verdict for any offense and for any sentence not resulting in death may be based on a ______ vote.

Accepted Answer

The answer of A guilty verdict for any offense and...

Quiz 15: Counterterrorism