Question 1

The President of the United States is prohibited from authorizing electronic surveillance without authorization of the Foreign Intelligence Surveillance Court.

Accepted Answer

False

Question 2

The maximum time period a wiretap can be authorized under the Foreign Intelligence Surveillance Act (FISA) is 90 days.

Accepted Answer

False

Question 3

"Roving" warrants can be issued under the Wiretap Act that are not restricted to one specific phone.

Accepted Answer

Roving warrants under the Wiretap Act allow law enforcement to track a suspect's communication across different phones or devices, rather than being restricted to just one specific phone.

Question 4

If a cell phone is found during a search incident to arrest, the police must obtain a search warrant before looking at its text messages.

Accepted Answer

According to the Supreme Court decision in Riley v. California (2014), the police generally cannot search the contents of a cell phone without a warrant, even during a search incident to arrest. This includes text messages, call logs, emails, photos, and other data stored on the phone. However, there are some exceptions to this rule, such as when there is an emergency or when the suspect gives consent to the search.

Question 5

A Foreign Intelligence Surveillance Act (FISA) warrant can authorize seizure of physical items.

Accepted Answer

A FISA warrant can authorize the seizure of physical items, including but not limited to electronic devices, documents, and other evidence. FISA warrants are typically issued by a special court and are used in cases involving foreign intelligence activities.

Question 6

The Wiretap Act of 1968 was repealed by the USA PATRIOT Act.

Accepted Answer

The USA PATRIOT Act did not repeal the Wiretap Act of 1968, but it did amend and expand it.

Question 7

The police do NOT need to obtain a warrant before equipping an undercover officer with a "body wire" that transmits conversations to a back-up team.

Accepted Answer

In general, courts have ruled that conversations recorded by an undercover officer's body wire are not protected by the Fourth Amendment's warrant requirement since the conversation is knowingly being transmitted to a third party (the back-up team). However, there may be specific circumstances where a warrant is required, such as if the conversation takes place in a private setting where there is an expectation of privacy.

Question 8

Secrets revealed to the police by a suspect's confidant are admissible under the Misplaced Reliance Doctrine.

Accepted Answer

The Misplaced Reliance Doctrine allows for the admission of evidence obtained through confidential communications when the confidant is actually working with law enforcement. As long as the confidant is not acting as an agent of the police when gathering the information, the evidence will be admissible.

Question 9

"Trap and trace" devices record conversations made on the phone after the device is installed.

Accepted Answer

"Trap and trace" devices identify the incoming numbers of calls made to a particular line, but do not record the conversations.

Question 10

The police can prohibit private persons from taking pictures of police making arrests.

Accepted Answer

The police cannot prohibit private persons from taking pictures of police making arrests, as long as the person is not obstructing the police or interfering with their work. Taking pictures or videos may be protected under the First Amendment right to freedom of the press and freedom of speech. However, the police may reasonably tell the person to step back or move away to ensure the safety of everyone involved.

Question 11

The Wiretap Act of 1968 can only be used to issue warrants for installing wiretaps.

Accepted Answer

The Wiretap Act of 1968, also known as Title III of the Omnibus Crime Control and Safe Streets Act, not only allows for the issuance of warrants for wiretaps but also sets forth procedures for the interception of electronic communications, regulates the disclosure and use of intercepted wire, oral, or electronic communications, and provides for civil and criminal penalties for violations.

Question 12

The police must obtain a wiretap warrant before "planting" a person in a location so the person can record a suspect's conversations and then give the recordings to the police.

Accepted Answer

This statement describes the use of a "confidential informant" rather than wiretapping. While it may vary by jurisdiction and circumstances, generally speaking, law enforcement does not need a warrant to use a confidential informant to gather evidence. However, there are legal restrictions on the use of informants, and the use must adhere to the Fourth Amendment's prohibitions on unreasonable searches and seizures. Wiretapping, on the other hand, typically requires a warrant issued by a judge.

Question 13

A stronger showing of probable cause is needed for a Wiretap Act warrant than for an ordinary search warrant.

Accepted Answer

The Wiretap Act is a federal law that regulates the interception of wire, oral, and electronic communications. It requires a higher showing of probable cause than an ordinary search warrant, which only requires probable cause that evidence of a crime will be found in the place to be searched. In order to obtain a wiretap warrant, the government must show probable cause that the target of the wiretap is or has been engaged in criminal activity, and that the wiretap will likely yield evidence of that activity.

Question 14

Installing a GPS tracking device on the outside of a car in order to determine where it has traveled without keeping it under visual surveillance violates the driver's reasonable expectation of privacy.

Accepted Answer

The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures conducted by the government. Installing a GPS tracking device on a car without a warrant or the driver's consent violates this protection and infringes on the driver's reasonable expectation of privacy.

Question 15

Most of the crimes currently listed in the Wiretap Act were added by the USA PATRIOT Act.

Accepted Answer

The answer of Most of the crimes currently listed in...

Question 16

. If federal agents want to extend the length of time they can operate a wiretap authorized under the Wiretap Act of 1968, all they need to do is submit an affidavit stating that valuable information has been obtained by using the wiretap.

Accepted Answer

To extend the length of time for a wiretap, federal agents must submit a request for an extension to a judge, who must approve it based on evidence that the wiretap continues to be necessary. Simply submitting an affidavit stating that valuable information has been obtained is not sufficient; they must demonstrate that the continuation of the wiretap is justified.

Question 17

The Foreign Intelligence Surveillance Court of Review (FISCR) issues numerous published opinions each year, many of them restricting the use of the Foreign Intelligence Surveillance Act (FISA).

Accepted Answer

The FISCR does issue published opinions, but these are relatively rare and usually involve affirming FISA applications or upholding FISA-related legal doctrines. The majority of FISCR opinions are unpublished and classified.

Question 18

A National Security Letter (NSL) is a search warrant, signed by a judge, that allow federal investigators to obtain personal records such as those that banks keep on their customer's expenditures.

Accepted Answer

A National Security Letter (NSL) is actually a form of administrative subpoena issued by the FBI or other federal agencies without requiring a judge's approval. It allows the government to obtain certain types of personal records, but not through a search warrant.

Question 19

The Foreign Intelligence Surveillance Act (FISA) is the exclusive authority for intercepting telephone calls for foreign intelligence inside the United States.

Accepted Answer

FISA is the exclusive authority for intercepting telephone calls for foreign intelligence inside the United States.

Question 20

A wiretap initiated under the emergency provisions of the Wiretap Act is retroactive if an electronic surveillance warrant is obtained within 48 hours.

Accepted Answer

The emergency provisions of the Wiretap Act allow for immediate wiretapping in emergency situations without a warrant. However, if a warrant is obtained within 48 hours, the wiretap is considered retroactively lawful.

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