Question 1

The rules on electronic surveillance are governed strictly by:&#10;A) Federal and state laws&#10;B) Only federal laws&#10;C) Local ordinances&#10;D) The Constitution

Accepted Answer

Federal and state laws govern the rules on electronic surveillance.

Question 2

What is the main federal law governing electronic surveillance?&#10;A) The Constitution&#10;B) The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002&#10;C) Title III of the Omnibus Crime Control and Safe Streets Act of 1968&#10;D) The Electronic Communications Privacy Act of 1988

Accepted Answer

Title III of the Omnibus Crime Control and Safe Streets Act of 1968, also known as the Wiretap Act, is the main federal law governing electronic surveillance.

Question 3

The Title III of the Omnibus Crime Control and Safe Streets Act of 1968 states that ________ law enforcement officers cannot tap or intercept wire communications or use electronic devices to intercept private conversations.

A) Federal
B) State
C) Local
D) All of the above

All of the above

Accepted Answer

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 applies to all law enforcement officers, including federal, state, and local, restricting them from tapping or intercepting wire communications or using electronic devices to intercept private conversations without proper authorization.

Question 4

If any, what is(are) the exception(s) of Title III of the Omnibus Crime Control and Safe Streets Act of 1968?&#10;A) A court order authorizing the wiretap&#10;B) Consent given by one of the parties to the conversation&#10;C) Both A and B are valid exceptions&#10;D) There are no exceptions

Accepted Answer

Title III of the Omnibus Crime Control and Safe Streets Act of 1968 allows for exceptions to the prohibition against wiretapping and electronic eavesdropping, including when a court order authorizes the wiretap or when one of the parties to the conversation has given their consent.

Question 5

In ________, the Supreme Court ruled that wiretapping does not violate the Fourth Amendment unless there is a trespass into a &#34;constitutionally protected area.&#34;&#10;A) Carroll v. United States&#10;B) Olmstead v. United States&#10;C) Katz v. United States&#10;D) Kyllo v. United States

Accepted Answer

In Olmstead v. United States, the Supreme Court ruled that wiretapping does not violate the Fourth Amendment unless there is a physical intrusion into a "constitutionally protected area," such as a home or office. This decision was later overturned by Katz v. United States, which established that the Fourth Amendment protects people, not places.

Question 6

Which case law allows the police to obtain evidence against a suspect by bugging or listening to a conversation as long as the police have the permission of one of the parties to the conversation?&#10;A) On Lee v. United States&#10;B) Olmstead v. United States&#10;C) Katz v. United States&#10;D) Carroll v. United States

Accepted Answer

On Lee v. United States established that the police can obtain evidence against a suspect by bugging or listening to a conversation with the consent of one of the parties involved. This case law supports the idea that such an action does not violate the Fourth Amendment rights of the individual being investigated, as long as one party consents to the surveillance.

Question 7

Electronic devices used to capture a conversation constitute a(n) ________ under the Fourth Amendment.&#10;A) Investigation&#10;B) Seizure&#10;C) Search&#10;D) Exploration

Accepted Answer

Electronic devices used to capture a conversation are considered a form of "Search" under the Fourth Amendment, which protects against unreasonable searches and seizures by the government.

Question 8

Electronic surveillance is unconstitutional anywhere if it violates a person's ________.&#10;A) &#34;Expectation of privacy&#34;&#10;B) &#34;Justifiable expectation of freedom&#34;&#10;C) &#34;Reasonable expectation of privacy&#34;&#10;D) &#34;Minimum expectation of privacy&#34;

Accepted Answer

Electronic surveillance is considered unconstitutional if it violates a person's "reasonable expectation of privacy," a standard set by the Supreme Court in cases such as Katz v. United States (1967).

Question 9

The Supreme Court decision in ________ has made a significant change in the concept of the right to privacy and has greatly expanded the coverage of that right, particularly as applied to Fourth Amendment cases.

A) Weeks v. United States
B) Olmstead v. United States
C) Katz v. United States
D) Carroll v. United States

Accepted Answer

Katz v. United States (1967) significantly expanded the concept of the right to privacy, especially in relation to the Fourth Amendment, by establishing that the Fourth Amendment protects people, not places, and that a person has a reasonable expectation of privacy against government intrusion.

Question 10

The warrantless monitoring of a beeper in a ________ violates the Fourth Amendment rights of individuals and therefore cannot be conducted without a warrant.&#10;A) Private residence&#10;B) Public place&#10;C) Communal area&#10;D) Secluded area

Accepted Answer

The Supreme Court has held that the warrantless monitoring of a beeper inside a private residence violates the Fourth Amendment's protection against unreasonable searches and seizures, as it infringes upon an individual's reasonable expectation of privacy within their own home.

Question 11

Using a technological device to explore details of a home that would previously have been unknowable without physical intrusion is a(n) ________ and is presumptively unreasonable without a warrant.&#10;A) Formal investigation&#10;B) Informal investigation&#10;C) Seizure&#10;D) Search

Accepted Answer

The answer of Using a technological device to explore details...

Question 12

Generally, to obtain a warrant for the monitoring of a beeper, the document should contain information regarding:&#10;A) The object into which the beeper would be installed&#10;B) The circumstances leading to the request for the beeper&#10;C) The length of time for which beeper surveillance is requested&#10;D) All of the above

Accepted Answer

The answer of Generally, to obtain a warrant for the...

Question 13

The law on electronic surveillance has changed drastically over the years.

Accepted Answer

The answer of The law on electronic surveillance has changed...

Question 14

The police do not need to comply with state and federal laws if they wish to obtain a warrant to tap or intercept wire communications.

Accepted Answer

The answer of The police do not need to comply...

Question 15

The Katz case is significant because it represents the old rule on wiretaps.

Accepted Answer

The answer of The Katz case is significant because it...

Question 16

The Constitution protects places rather than people.

Accepted Answer

The answer of The Constitution protects places rather than people....

Question 17

There is a limit to electronic surveillance even if it does not directly intrude into individual privacy.

Accepted Answer

The answer of There is a limit to electronic surveillance...

Question 18

The Berger case has since lost some of its value as precedent because of the passage of Title III.

Accepted Answer

The answer of The Berger case has since lost some...

Question 19

The monitoring of a vehicle on public highways constitutes a search in violation to the Fourth Amendment.

Accepted Answer

The answer of The monitoring of a vehicle on public...

Deck 12: Electronic Surveillance