Question 1

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 (also known as the National Security Advisor) or a designated representative. The Secretary of State and Secretary of Defense are not involved in the certification process.

Question 2

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

Accepted Answer

The FISA defines "United States persons" as citizens of the United States and lawfully admitted permanent residents. This means that individuals who are not citizens or permanent residents of the United States would not be considered "United States persons" under FISA. It does not include corporations or anyone legally in the United States.

Question 3

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 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

The Wiretap Act of 1968 only established a legislative basis for issuing electronic surveillance warrants for investigations done by federal law agencies investigating crimes listed in the Wiretap Act.

Question 6

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

Accepted Answer

The Wiretap Act authorizes covert entry to install equipment only if there is a valid Wiretap Act warrant.

Question 7

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 8

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 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 Wiretap Act of 1968, before an FBI agent obtains a warrant, the application must be reviewed by a senior member of the U.S. Attorney General's staff specifically designated by the Attorney General. This review ensures that the requirements of the Wiretap Act are met and that the application is legally sound before it is presented to a judge for approval.

Question 10

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 11

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 12

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, option D is the correct answer.

Question 13

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

Accepted Answer

All of these 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 that are being sought.

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 the physical seizure of documents, reproduction of documents, and alteration of information. Therefore, all of these options can be authorized through such a warrant.

Question 15

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

Accepted Answer

Conversations obtained through a Wiretap Act warrant are admissible in court only for the people named in the warrant and also for conversations with people the officers had no reason to believe were involved in criminal activity when the warrant was obtained. Therefore, option B is the correct answer. Option A, C, and D are incorrect as they are either too narrow or too broad.

Question 16

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 17

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

Accepted Answer

FISA warrants are valid for 90 days unless a statutory exception applies, such as a potential threat to national security. In such cases, an extension can be obtained for an additional 90 days.

Question 18

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. The use of electronic listening or recording devices alone does not necessarily require a warrant as long as there is no violation of privacy.

Question 19

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 20

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

Accepted Answer

A National Security Letter (NSL) requires a statement by a federal investigator that the information is sought for foreign counterintelligence purposes, but it does not require approval by a federal judge or the investigator's supervisor.

Quiz 14: Usa Patriot Act, Foreign Intelligence, and Other Electronic Surveillance