Question 1

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

Accepted Answer

The introduction of "reasonable grounds" means that the government would need a valid reason or evidence to detain or arrest a citizen, rather than doing so arbitrarily or without cause. A and D are not relevant to the Magna Carta, and C is incorrect terminology (it should be "reasonable suspicion").

Question 2

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

Accepted Answer

Reasonable suspicion is the weakest standard that allows an officer to briefly detain someone for investigative purposes. It requires the officer to have specific, articulable facts that suggest the person is involved in criminal activity. This standard is less stringent than probable cause, which is required for an arrest or search warrant.

Question 3

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

Accepted Answer

Search warrants must specify the area to be searched and the items to be seized with particularity to prevent general searches. "All records" lacks the necessary specificity, making particularity the correct term.

Question 4

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

Accepted Answer

The ruling of U.S.v.Carey was that the "plain view" doctrine is relevant to what is uncovered in computer searches. This means that if evidence is found in plain view during a warranted search of computer files, it can be seized and used as evidence. However, the ruling did not state that warrants are not needed for searches of computer files or that less particularity is required for warrants involving computers. Additionally, the ruling did not suggest that all possibilities need to be searched when looking for digital evidence.

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?

Accepted Answer

The President or his/her designee is authorized to 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, under the authority of the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act (NEA), and other related laws. The other options given do not have the authority to take such actions.

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?

Accepted Answer

The legal doctrine that 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 is the plain view doctrine. This doctrine allows officers to seize evidence in plain view during a lawful search, even if it is unrelated to the original purpose of the search. However, the officers cannot use this doctrine as a pretext to conduct a search outside the scope of the original warrant.

Question 7

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

Accepted Answer

Social privacy is not traditionally categorized under legal understandings of privacy, which typically include physical, communication, and territorial privacy. These categories relate to the protection of personal space, the security of personal communications, and the boundaries of personal property, respectively.

Question 8

What does the exclusionary rule state?

Accepted Answer

The exclusionary rule states that if government agents engage in unlawful searches or seizures, then any fruits of that action could not be used in subsequent prosecutions. This means that evidence obtained through an unconstitutional search or seizure cannot be used against a defendant in court.

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?

Accepted Answer

In U.S. v. Hay, the court ruled that seizing the computer system was proper and necessary because conducting a forensic analysis at the scene was not always feasible. This decision acknowledges the complexities and technical challenges involved in digital evidence collection and analysis.

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 ________.

Accepted Answer

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 Bill of Rights. The Ortega doctrine and Magna Carta are not related to the Bill of Rights or individual rights in the US Constitution. There is also no such thing as a Bill of Privileges in the US Constitution.

Question 11

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

Accepted Answer

The USA Patriot Act is considered the most effective tool in fighting both terrorism and computer crime. It significantly expanded the powers of law enforcement agencies in the United States to investigate and prevent potential terrorist acts and cybercrimes, providing them with broader surveillance and investigative powers.

Question 12

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

Accepted Answer

In U.S. v. Lyons, the court held that a thief using a stolen computer does not have a legitimate expectation of privacy in the contents of that computer.

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 ________.

Accepted Answer

Probable cause is the legal standard used to justify an arrest, search and seizure, or an arrest warrant. It requires that there is enough evidence to lead a reasonable person to believe that a crime has been committed and that the suspect is the one who committed it. Beyond a reasonable doubt is the standard used in court for conviction, while reasonable suspicion is a lower standard than probable cause, which is used to justify a brief investigative detention. Particularity refers to the requirement that a search warrant describes with particularity the place to be searched and the things to be seized.

Question 14

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

Accepted Answer

The special exception does cover computers that are seized at the border. Electronic devices, including computers, can be searched at the border without a warrant or probable cause if agents have reasonable suspicion that the device contains evidence of illegal activity. However, if agents seize a device for further examination beyond a routine search, they must have probable cause and obtain a warrant.

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?

Accepted Answer

If contraband outside the scope of the warrant is found, the investigator should stop the search, document the discovery, and request a secondary warrant from a judge. This secondary warrant will authorize the investigator to seize the newly found evidence. Continuing the search without a proper warrant would violate the Fourth Amendment. Focusing on the original warrant or seizing the contraband under the present warrant may not provide legal justification for the seizure of the contraband found outside the scope of the warrant. Recording it in the SOP and waiting for the court's intervention might lead to the loss of valuable evidence. Therefore, getting a secondary warrant is the best choice.

Question 16

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

Accepted Answer

The totality of circumstances does have an effect on the scope of consent. The broader the circumstances, the more likely that the scope of consent will be limited.

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?

Accepted Answer

U.S. v. Tamura specifically addressed the issue of wholesale seizure of documents, cautioning investigators about the need for secondary warrants when both specified and unspecified documents are seized, and emphasized that further approval from a magistrate is necessary for such actions.

Question 18

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

Accepted Answer

The answer of Which of the following statements is NOT...

Question 19

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

Accepted Answer

The exclusionary rule was first enunciated in Weeks v. U.S. in 1914, which held that evidence obtained through an illegal search and seizure is inadmissible in federal court.

Question 20

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

Accepted Answer

Computers have unique characteristics that can make it difficult for officers to investigate crimes relating to them. The particularity requirement means that officers must provide specific details of what they are searching for and why they believe it will be found on the computer. With computers, this can be challenging because of the vast amount of data that can be stored, encrypted or hidden within the system, and the need for specialized tools and expertise to access it.

Quiz 9: The Fourth Amendment and Other Legal Issues