Question 1

Prior to service on a bank, a National Security Letter (NSL) must include:

Accepted Answer

The answer of Prior to service on a bank, a...

Question 2

Police may have an informant wear a "wire" that transmits conversations:

Accepted Answer

The answer of Police may have an informant wear a...

Question 3

Electronic surveillance warrants issued under the Foreign Intelligence Surveillance Act (FISA) are valid for:

Accepted Answer

Electronic surveillance warrants issued under the Foreign Intelligence Surveillance Act (FISA) are generally valid for 90 days unless a statutory exception applies, as per the FISA Amendments Act of 2008. However, in certain situations, the Attorney General can authorize surveillance for up to a year.

Question 4

Police must obtain a court order before installing a "pen register" because:

Accepted Answer

Congress passed legislation, specifically the Electronic Communications Privacy Act of 1986, which includes provisions requiring law enforcement to obtain a court order before installing a pen register. This act was designed to extend government restrictions on wire taps from telephone calls to include transmissions of electronic data by computer, thus covering pen registers.

Question 5

The Foreign Intelligence Surveillance Act (FISA) defines "United States persons" as:

Accepted Answer

FISA defines "United States persons" as citizens of the United States and lawfully admitted permanent residents. This includes individuals and legal entities such as corporations that are registered and incorporated in the United States. Those who are not citizens or permanent residents, regardless of their legal status, are not considered "United States persons" under FISA.

Question 6

The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended by the USA PATRIOT Act, provides the framework for obtaining electronic surveillance warrants for:

Accepted Answer

The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended by the USA PATRIOT Act, specifically provides the legal framework for the use of electronic surveillance within the United States for the purpose of collecting foreign intelligence.

Question 7

The USA PATRIOT Act expanded the Wiretap Act of 1968 to include warrants for the seizure of:

Accepted Answer

The USA PATRIOT Act expanded the Wiretap Act of 1968 to include warrants for the seizure of voicemail stored on telephone company equipment, records stored by Internet providers, and credit card numbers used to pay for telephone service. Therefore, all of these options are correct.

Question 8

An application for a Foreign Intelligence Surveillance Act (FISA) electronic surveillance warrant must be certified by the:

Accepted Answer

An application for a FISA electronic surveillance warrant must be certified by the Assistant to the President for National Security Affairs. The Secretary of State and the Secretary of Defense are not involved in the certification process.

Question 9

If a FBI agent wants to obtain a warrant under the Wiretap Act of 1968, who must review the application before it is given to the judge?

Accepted Answer

According to the law, before an application is given to a judge, a senior member of the U.S. Attorney General's staff, specifically designated by the Attorney General, must review it. This person must ensure that the application contains all of the required elements before it can be given to a judge.

Question 10

The maximum length of time a warrant can be issued (without renewal) under the Wiretap Act of 1968 is:

Accepted Answer

Under the Wiretap Act of 1968, a warrant for wiretapping can be issued for a maximum length of 30 days without renewal.

Question 11

Police must obtain an electronic surveillance warrant:

Accepted Answer

Police must obtain an electronic surveillance warrant only if the electronic monitoring violates a reasonable expectation of privacy. This means that if someone is being monitored in a public space or in a situation where they cannot reasonably expect privacy, a warrant may not be necessary. However, if someone is being monitored in their own home or in a private conversation, a warrant would likely be required.

Question 12

Police may covertly enter a residence to install equipment authorized by the Wiretap Act:

Accepted Answer

The Wiretap Act allows for covert entry into a residence by police to install authorized equipment without first obtaining a separate search warrant, as long as there is a valid Wiretap Act warrant in place. Therefore, option D is the correct choice.

Question 13

In order to obtain a warrant authorizing the use of a "pen register," the police must certify that:

Accepted Answer

A pen register warrant requires certification that the information likely to be obtained is relevant to an ongoing criminal investigation, not the broader requirements listed in B and C.

Question 14

Warrants to conduct physical searches under the Foreign Intelligence Surveillance Act apply to:

Accepted Answer

Warrants to conduct physical searches under the Foreign Intelligence Surveillance Act can authorize all of the mentioned actions, including physically seizing documents, reproducing documents, and alteration of information.

Question 15

The Wiretap Act of 1968 established a legislative basis for issuing electronic surveillance warrants for:

Accepted Answer

The Wiretap Act of 1968 established a legislative basis for issuing electronic surveillance warrants for investigations done by federal law agencies investigating crimes listed in the Wiretap Act, such as "serious" crimes like espionage or major drug offenses. It does not apply to investigations conducted by all federal agencies, investigations conducted by local agencies in all 50 states, or investigations conducted by federal, state, and local agencies.

Question 16

Under the provisions of the Wiretap Act of 1968 that allow wiretaps to be started in emergency situations without court approval, the wiretap warrant must be obtained within:

Accepted Answer

Under the provisions of the Wiretap Act of 1968, in emergency situations where a wiretap is initiated without court approval, the warrant for the wiretap must be obtained within 48 hours.

Question 17

The Exclusionary Rule that is part of the Wiretap Act of 1968 states that information obtained using wiretaps that were not obtained in compliance with this Act is not admissible:

Accepted Answer

The Exclusionary Rule under the Wiretap Act of 1968 stipulates that evidence obtained through wiretaps that do not comply with the Act's requirements is not admissible in any hearing, trial, or proceeding, making it broadly applicable across various legal contexts.

Question 18

Obtaining stored email and text messages from long-term storage by an Internet provider requires:

Accepted Answer

A search warrant is required to obtain stored email and text messages from long-term storage by an Internet provider, as per the Stored Communications Act, part of the Electronic Communications Privacy Act of 1986.

Question 19

Conversations obtained while monitoring a Wiretap Act warrant are admissible in court:

Accepted Answer

According to the Wiretap Act, conversations obtained while monitoring a Wiretap Act warrant can be used as evidence in court for people named in the warrant as well as for conversations with people the officers had no reason to believe were involved in criminal activity when the warrant was obtained. Therefore, choice B is the best option. Choices A, C, and D are too narrow or too broad in their scope.

Question 20

An application for a warrant under the Wiretap Act of 1968 requires:

Accepted Answer

All three requirements are necessary for an application for a warrant under the Wiretap Act of 1968. The application must show that normal investigative techniques will not work, provide details about the crime being investigated, and include a specific description of the type of communications being sought.

Quiz 14: USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law