To Purchase
this Complete Test Bank with Answers Click the link Below
https://tbzuiqe.com/product/criminal-procedure-for-the-criminal-justice-professional-12th-edition-test-bank/
If face any problem or
Further information contact us At tbzuiqe@gmail.com
Sample Test
Chapter 03
|
1. The common law approach to
applying the Fourth Amendment to particular cases was to focus on whether
_____.
|
|
a.
|
the subjective privacy rights of the individual had
been violated
|
|
|
b.
|
law enforcement used force during a search and/or
seizure
|
|
|
c.
|
the government agent intentionally violated the
constitutional protection
|
|
|
d.
|
there was a physical intrusion into a constitutionally
protected area
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
2. The change from viewing the
Fourth Amendment as law that protected property to a view that the law
protected persons was prompted by cases that concerned _____.
|
|
a.
|
standing to claim the protection
|
|
|
b.
|
vehicular stops and searches
|
|
|
c.
|
electronic surveillance
|
|
|
d.
|
public stops and pat-downs
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
3. The Katz v. United States (1967)
case is known for establishing that the Fourth Amendment protects _____.
|
|
a.
|
people, not places
|
|
|
b.
|
both drivers and passengers of a vehicle
|
|
|
c.
|
places, but not people
|
|
|
d.
|
neither people or places
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
4. The Katz v. United States (1967)
case _____.
|
|
a.
|
expanded Fourth Amendment protections
|
|
|
b.
|
did away with the idea of “reasonable expectation of
privacy”
|
|
|
c.
|
broadened search to include interference with
possessory interests
|
|
|
d.
|
restricted the ability of defendants to argue privacy
violations occurred
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
5. The U.S. Supreme Court has
defined a “search” to occur when _____.
|
|
a.
|
here is a meaningful interference with possessory
interests in property
|
|
|
b.
|
an individual has a subjective expectation of privacy
and the expectation of privacy has been infringed upon
|
|
|
c.
|
an individual has a subjective expectation of privacy
that society considers reasonable and the privacy expectation is infringed
|
|
|
d.
|
an officer collects any evidence against a person
regardless of circumstance
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
6. The police suspect that a store
is illegally selling illicit drug paraphernalia. A plain clothes detective
working undercover enters the store, purchases items, leaves the store, and
comes back with a search warrant for the store and an arrest warrant for the
store’s owner. In terms of the Fourth Amendment, the initial possession of
the goods by the police _____.
|
|
a.
|
constituted a search, but not a seizure
|
|
|
b.
|
constituted both a search and seizure
|
|
|
c.
|
did not constitute a search or a seizure
|
|
|
d.
|
constituted a seizure, but not a search
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
7. Which statement about the
concept of probable cause is true?
|
|
a.
|
The concept is strikingly similar to the “preponderance
of evidence” and “beyond a reasonable doubt” standards that are used in
court proceedings.
|
|
|
b.
|
Whether probable cause exists is determined by
considering only the subjective perceptions of the officer(s) involved.
|
|
|
c.
|
The concept of probable cause is a finely tuned
standard that has a precise understanding among those who use it.
|
|
|
d.
|
The concept deals with probability that evidence will
be found or that the individual committed an offense.
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
8. The preference that a search
and/or seizure be authorized by a warrant is based on the idea that _____.
|
|
a.
|
judgments should be made by a neutral and detached
individual
|
|
|
b.
|
police are not qualified to make probable cause
determinations
|
|
|
c.
|
courts may force police to take action when they
otherwise would not
|
|
|
d.
|
prosecutors may inadvertently encourage less than
honest behavior
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
9. An officer receives information
from dispatch that another jurisdiction is looking for a blue Ford Mustang
with Louisiana license plates and a large dent in the passenger side door.
The officer spots a car fitting this description. Which statement is true?
|
|
a.
|
The officer does not have justification to stop the car
and investigate further.
|
|
|
b.
|
The officer has justification to stop the car and
investigate because probable cause is based on the collective knowledge of
the police.
|
|
|
c.
|
The officer has justification to stop the car and
investigate because (s)he has personal knowledge of the crime.
|
|
|
d.
|
The officer has justification to stop the car and
investigate simply because the motor vehicle is being operated in the
jurisdiction of the officer.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
10. A patrol officer stops a car
and makes an arrest on the basis of information obtained from a bulletin that
officers in another jurisdiction are looking for the driver of a certain car
that was described in the bulletin. Assume that the information contained in
the bulletin was incorrect. Which statement would be true?
|
|
a.
|
The arrest would still be considered valid.
|
|
|
b.
|
The arresting officer is shielded from any civil
liability for false arrest.
|
|
|
c.
|
The arrest would still be valid and the officer is
shielded from any civil liability for false arrest.
|
|
|
d.
|
The arrest would not be valid and the officer is not
shielded from any civil liability for false arrest.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
11. Which of the following,
standing alone, can serve as the basis for probable cause?
|
|
a.
|
flight of a person from an area
|
|
|
b.
|
furtive conduct
|
|
|
c.
|
false or improbable answers to questions
|
|
|
d.
|
observation and evaluation of real or physical evidence
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
12. Which of the following,
standing alone, can serve as the basis for probable cause?
|
|
a.
|
an admission
|
|
|
b.
|
presence at a crime scene or a high crime area
|
|
|
c.
|
association with other known criminals
|
|
|
d.
|
past criminal conduct
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
13. The method of establishing
probable cause through the use of an informant’s information is often
referred to as the _____.
|
|
a.
|
informant method
|
|
|
b.
|
third party method
|
|
|
c.
|
indirect discovery method
|
|
|
d.
|
hearsay method
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
14. The cases of Aguilar v. Texas (1964)
and Spinelli v.
United States (1969) established a process for evaluating
probable cause based on informant information. According to this test, the
informant _____.
|
|
a.
|
need not be judged as credible
|
|
|
b.
|
cannot be a criminal
|
|
|
c.
|
must have a “sufficient basis” for the knowledge
|
|
|
d.
|
must have personally perceived the information
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
15. Following the decision
in Illinois v.
Gates (1983), _____.
|
|
a.
|
all states and the federal government have adopted the
totality of circumstances approach
|
|
|
b.
|
all states adopted totality of circumstances, but the
federal government retained the Aguilar-Spinelli criteria
|
|
|
c.
|
the totality of circumstances approach was subsequently
overruled
|
|
|
d.
|
some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of
their own state constitutions
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
16. A citizen contacts the local police
department and alleges that a particular person is dealing drugs out of his
home. The citizen states that (s)he thought the police should know, but that
(s)he does not “want to get involved by giving my name.” What information
would the officer need to state in the affidavit to satisfy the first prong
of Aguilar-Spinelli (basis
of knowledge)?
|
|
a.
|
The name of the high school student that purchased the
drugs.
|
|
|
b.
|
How, when, and where the informant obtained the
information.
|
|
|
c.
|
How, when, and where the drug dealer obtained the drugs
that were sold.
|
|
|
d.
|
The reasons to believe that the informant was providing
truthful information.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
17. Based on the Aguilar-Spinelli criteria,
in order to establish probable cause in a situation where informant
information is secondhand, the affidavit must _____.
|
|
a.
|
show how the third person knows the information
furnished to the informant
|
|
|
b.
|
show how the third person knows the information
furnished to the informant and why the information from the informant is
credible or reliable
|
|
|
c.
|
show how the third person knows the information
furnished to the informant and why the information, from both the informant
and the 3rd party, is credible or reliable
|
|
|
d.
|
show how the third person knows the information
furnished to the informant; why the information, from both the informant
and the 3rd party, is credible or reliable; and that the information could
not be obtained using any other method
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
18. Some courts require additional
information to establish the veracity/truthfulness of an ordinary citizen
informant if the citizen merely provides an anonymous tip. Which issue is a
primary factor, mentioned in the text (State
v. White, Ga. App. 1990), used by Georgia courts to assess the
veracity/truthfulness of an anonymous tip?
|
|
a.
|
the testimony of the officer receiving the tip as to
its credibility
|
|
|
b.
|
whether the information is from a “concerned citizen”
|
|
|
c.
|
whether the citizen had provided valid tips in the past
|
|
|
d.
|
whether the tipster had firsthand or secondhand
knowledge
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
19. When information from a
criminal informant is used, the name of the informant _____.
|
|
a.
|
must always be reported in the affidavit
|
|
|
b.
|
may not ever be reported in the affidavit
|
|
|
c.
|
need not be disclosed unless the informant information
is part of an agreement with the prosecutor in a pending criminal case
against the informant
|
|
|
d.
|
need not be disclosed if his or her credibility is
otherwise satisfactorily established
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
20. What is the most effective way
to assess reliability of a criminal informant’s information?
|
|
a.
|
the number of convictions his/her information has
produced
|
|
|
b.
|
the number of arrests his/her information has produced
|
|
|
c.
|
the accuracy of the past information provided by the
informant
|
|
|
d.
|
a positive assessment from the officer who obtained the
information
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
21. The term _____ means
strengthening or confirming the information supplied by the informant with
supporting information obtained by law enforcement officers.
|
|
a.
|
attenuation
|
|
|
b.
|
corroboration
|
|
|
c.
|
discovery
|
|
|
d.
|
verification
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
22. Reasons the U.S. Supreme Court
put into effect the totality of the circumstances test for assessing
informant information based on the Illinois
v. Gates (1983) decision include _____.
|
|
a.
|
the Aguilar-Spinelli criteria
were so flexible as to be nonsensical
|
|
|
b.
|
the fluidity of the concept of probable cause
|
|
|
c.
|
Aguilar-Spinelli made
it too easy to obtain a search warrant
|
|
|
d.
|
the need decision factors that could be used is all
cases
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
23. United States v. De Los
Santos, 810 F.2d 1326 (5th Cir. 1987) illustrates the _____.
|
|
a.
|
near-impossibility of satisfying the totality of
circumstances test
|
|
|
b.
|
willingness of police to use information that has
limited validity
|
|
|
c.
|
limited importance of obtaining corroborating
information
|
|
|
d.
|
continuing validity of the Aguilar-Spinelli two-
pronged test
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
24. Which concept is so important
that it has been referred to as the “touchstone” of the Fourth Amendment?
|
|
a.
|
the exclusionary rule
|
|
|
b.
|
privacy
|
|
|
c.
|
reasonableness
|
|
|
d.
|
probable cause
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
25. Which statement about the
concept of reasonableness, as it applies to Fourth Amendment inquiries, is
true?
|
|
a.
|
The term “correctness” can be substituted for
“reasonableness.”
|
|
|
b.
|
Reasonableness is determined on a case-by-case basis.
|
|
|
c.
|
Reasonableness is conservatively construed by the
courts.
|
|
|
d.
|
Reasonableness is the least important consideration.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
26. Select the most accurate
characterization of the U.S. Supreme Court’s current view toward the Aguilar-Spinelli two-prong
criteria.
|
|
a.
|
The criteria are a good reference point for analyzing
probable cause based on informant information, but the applicability to all
cases is limited.
|
|
|
b.
|
Rigid application of the criteria is the best way to
analyze probable cause based on informant information.
|
|
|
c.
|
The criteria are so outdated that the case is
completely useless in assessing probable cause.
|
|
|
d.
|
The criteria are a good ending point of the probable
cause analysis, but there are several steps that need to occur first.
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
27. The leading case on
corroboration of information provided by an informant is _____.
|
|
a.
|
Dawson v. State (1971)
|
|
|
b.
|
Spinelli v.
United States (1969)
|
|
|
c.
|
Aguilar v. Texas (1964)
|
|
|
d.
|
Illinois v.
Gates (1983)
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
28. After it has been determined
that a person has standing to make a Fourth Amendment claim and that a
“search” or “seizure” has occurred, the final inquiry is to find whether
_____.
|
|
a.
|
probable cause exists
|
|
|
b.
|
the exclusionary rule can be invoked
|
|
|
c.
|
there was a violation of privacy
|
|
|
d.
|
the search or seizure was reasonable
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
29. Which best characterizes the
concept(s) necessary for understanding the application of Fourth Amendment?
|
|
a.
|
privacy only
|
|
|
b.
|
privacy and reasonableness, only
|
|
|
c.
|
privacy and probable cause, only
|
|
|
d.
|
privacy, reasonableness, and probable cause
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
30. A law enforcement officer’s
perceptions that a crime is being committed in his or her presence clearly
provide _____ to arrest the person committing the crime.
|
|
a.
|
absolute suspicion
|
|
|
b.
|
reasonable suspicion
|
|
|
c.
|
absolute cause
|
|
|
d.
|
probable cause
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
31. When the police obtain a
handwriting or voice sample from a criminal suspect, this action constitutes
a seizure, thereby implicating the Fourth Amendment.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Define
|
|
|
32. A “search” occurs when an
expectation of privacy that society is prepared to recognize is
infringed.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
33. Warrantless police actions are
presumed to be unreasonable unless based on probable cause.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
34. The U.S. Supreme Court has a
strong preference that arrests and searches be authorized by a warrant.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
35. Assuming that no exception to
the warrant requirement is relevant, weaker evidence is more likely to
justify the issuance of a warrant than it is to justify a warrantless search
or arrest.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
36. When an officer’s experience
and expertise is relevant to the probable cause determination, the officer
must be able to explain sufficiently the basis of that opinion so that it
“can be understood by the average reasonably prudent person.”
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
37. The decision in Illinois v. Gates (1983)
completely overruled the Aguilar-Spinelli criteria
for establishing probable cause based on informant information .
|
ANSWER:
|
False
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
38. Ordinary citizen informants,
even when the tip is given anonymously, are always presumed credible
(trustworthy) and no further evidence of credibility need be stated in the
affidavit beyond their name and address and their status as a victim of, or
witness to, a crime.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
39. A criminal informant’s
credibility (veracity/truthfulness) must always be established by a statement
of underlying facts and circumstances.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
40. Other Fourth Amendment
considerations, such as warrants, reasonableness, exigency, and good faith,
are factors that are considered subservient to probable cause.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
41. In terms of applying the
privacy right that exists under the Fourth Amendment, the amendment is said
to protect __________, not __________.
|
ANSWER:
|
people; places
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
42. A seizure of property occurs
when there is some __________ with an individual’s possessory interests in
that property.
|
ANSWER:
|
meaningful interference
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
43. Probable cause to search means
that there is a __________ probability that contraband or evidence of a crime
will be found in a particular place.
|
ANSWER:
|
fair
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
44. Probable cause is evaluated by
examining the __________ of the police at the time of the arrest or search,
not merely the personal knowledge of the arresting or searching officer.
|
ANSWER:
|
collective knowledge
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
45. The Gates v. Illinois (1983)
decision abandoned rigid adherence to the Aguilar-Spinelli criteria in favor
of a __________ approach to determining probable cause.
|
ANSWER:
|
“totality of the circumstances”
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
46. A criminal informant’s
________is never presumed but must be established, usually by demonstrating
the informant’s track record of having given accurate information in the
past.
|
ANSWER:
|
credibility
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
47. The elements of the
__________ two-pronged test are important considerations in determining the
existence of probable cause based on informant testimony.
|
ANSWER:
|
Augilar-Spinelli
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
48. Information on which probable
cause is to be based may come to a law enforcement officer’s attention in two
possible ways: through the __________ own perceptions or through the
perceptions of a(n) __________who relays the information.
|
ANSWER:
|
officer’s; informant
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
49. Katz v. U.S. (1967) held that a
person’s Fourth Amendment rights are implicated wherever the person has an
expectation of __________which society is prepared to recognize as
reasonable.
|
ANSWER:
|
privacy
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
50. Third party information is
often referred to as ________.
|
ANSWER:
|
hearsay
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
51. Define the concept of
probable cause. Compare and contrast probable cause relating to search and
probable cause as it relates to arrest.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
52. The concept of probable cause
is ultimately based on the notion of objective expectation of privacy. This
is in in contrast to subjective expectation of privacy. Expound the
difference.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.2
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
53. Compare and contrast the
requirements for establishing probable cause on the basis of a citizen
informant versus a criminal informant.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
54. Compare and contrast the
requirements for establishing probable cause on the basis of an anonymous
informant versus a known informant. Explore the differences in risk for
liability for providing false information.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
55. Define the term
“reasonableness” as it relates to the Fourth Amendment inquiry. Explain the
standards used to assess reasonableness.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Reasonableness
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.7
|
|
KEYWORDS:
|
Bloom’s: Remember
|
|
|
56. Do you see any changes in how
“privacy” was viewed before and after Katz v. U.S. (1967)? Justify your
answer.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
57. Write the definition of
“search”. Write the definition of “seizure”. Demonstrate how there might be a
search without a seizure and vice versa.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Property and Privacy Inquiries for Criminal Searches and
Seizures
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
58. Explain the importance of
corroborating information from informants. Also, consider the distinctions
between known informants, unknown informants, criminal informants, and
citizen informants. Are the distinctions in how the law handles these different
types of informants justified? Why or why not?
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.5
CPCJ.FERD.16.3.6
|
|
KEYWORDS:
|
Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
|
|
|
59. Write a brief paragraph
explaining the importance of note-taking by an officer as the case
progresses.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
CPCJ.FERD.16.3.5
|
|
KEYWORDS:
|
Bloom’s: Apply | Bloom’s: Evaluate
|
|
|
60. Name two indicators of
criminal activity that alone support probable cause. Compare and contrast
these two indicators of criminal activity with some other indicators that,
taken alone, do not support probable cause.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Probable Cause
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.3.3
|
|
KEYWORDS:
|
Bloom’s: Apply
|
|
|
Chapter_05
1. _____ concerns the use of scientific methods toward
the preservation, collection, and interpretation of digital evidence from
digital sources.
|
|
a.
|
Forensic computer information systems
|
|
|
b.
|
Computer forensics
|
|
|
c.
|
Electronic surveillance
|
|
|
d.
|
Computer science
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
2. The first phase of searches of
Electronically Stored Information (ESI) includes _____.
|
|
a.
|
entering the place(s) housing the devices on which data
are stored
|
|
|
b.
|
seizing the devices on which the data may be stored as
well as devices linked via networks
|
|
|
c.
|
examining the seized devices for the data described in
a warrant
|
|
|
d.
|
providing the devices to forensic computer specialists
who search for data described in a warrant
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.2
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
3. What term describes tools for hiding,
destroying, or counterfeiting the information relied on by digital forensics
experts?
|
|
a.
|
anti forensics
|
|
|
b.
|
Trojans
|
|
|
c.
|
wipes
|
|
|
d.
|
back doors
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
4. The exacting process of
computer forensic examination includes _____.
|
|
a.
|
read protecting the device
|
|
|
b.
|
connecting the computer to a network
|
|
|
c.
|
imaging the hard drive
|
|
|
d.
|
deconstructing the hard drive
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
5. In Berger v. New York (1967)
the issue was the constitutionality of a New York statute that authorized
electronic surveillance pursuant to a judicial warrant. In the case, the
Court:
|
|
a.
|
validated the law because the government had probable
cause and the intrusion was reasonably related to what the government was
looking for
|
|
|
b.
|
validated the law because it properly limited the
nature, scope, or duration of the electronic surveillance
|
|
|
c.
|
invalidated the law because the government did not
establish probable cause
|
|
|
d.
|
invalidated the law because it failed to properly limit
the nature, scope, or duration of the electronic surveillance
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
6. The term _____ transfer refers
to a transfer containing the human voice at any point between, and including,
the point of origin and the point of reception?
|
|
a.
|
aural
|
|
|
b.
|
electronic
|
|
|
c.
|
intercept
|
|
|
d.
|
oral
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
7. A _____ wiretap allows for
interception of a particular suspect’s communications wherever they are made,
dispensing with the normal requirement that interceptions be limited to a
fixed location.
|
|
a.
|
geographical
|
|
|
b.
|
roving
|
|
|
c.
|
non-specific
|
|
|
d.
|
roaming
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
8. What specific legislation
authorizes courts to conduct closed reviews of surveillance materials?
|
|
a.
|
The Foreign Intelligence Surveillance Act (FISA)
|
|
|
b.
|
Stored Communications Act (SCA)
|
|
|
c.
|
Electronic communications Privacy Act (ECPA)
|
|
|
d.
|
Freedom of Information Act (FOIA)
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
9. Which statement concerning time
limitations on the forensic examination phase of electronically stored
information is correct?
|
|
a.
|
The police are only allowed 10 days to extract the
evidence.
|
|
|
b.
|
The time period allowed to obtain the evidence is the
same for forensic searches and more traditional searches.
|
|
|
c.
|
Law enforcement is allowed a shorter time period to
obtain the evidence than normally allowed under a traditional search
warrant.
|
|
|
d.
|
Rule 41 does not require magistrates to specify a time
limit because the amount of time is unpredictable.
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
10. The statutory-based
exclusionary rule in Title III of the Omnibus Crime Control and Safe Streets
Act of 1968 applies to _____.
|
|
a.
|
wire, oral, and electronic communications
|
|
|
b.
|
electronic and wire communications, but not oral
communications
|
|
|
c.
|
electronic and oral communications, but not wire
communications
|
|
|
d.
|
wire and oral communications, but not electronic
communications
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
11. Title III of the Omnibus
Crime Control and Safe Streets Act of 1968 _____.
|
|
a.
|
requires authorization by a judge in the location of
the tapped telephone
|
|
|
b.
|
allows the issuance of interception orders for any
felony offense
|
|
|
c.
|
permits taps even when ordinary investigative
procedures have not been exhausted
|
|
|
d.
|
requires that the order be executed “as soon as
practicable”
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
12. In the case of Olmstead v. United States,
the Court decided that the practice of wiretapping was not covered by the
Fourth Amendment, primarily because _____.
|
|
a.
|
the person had no reasonable expectation of privacy in
the home
|
|
|
b.
|
the evidence was obtained only by hearing (and did not
involve tangible items) so the interception of a conversation could not
qualify as a seizure
|
|
|
c.
|
the Fourth Amendment protects people, but not places
|
|
|
d.
|
there was no legitimate remedy for the alleged
violation at the time, as the exclusionary rule did not yet exist yet
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
13. _____ is most accurately
defined as searches using wiretaps, bugs, or other devices to overhear
conversation or obtain other kinds of information?
|
|
a.
|
Electronic surveillance
|
|
|
b.
|
Covert surveillance
|
|
|
c.
|
Covert intelligence
|
|
|
d.
|
Cyber surveillance
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
14. In Olmstead v. United States (1928),
the Court held that wiretapping of telephone conversations _____.
|
|
a.
|
is covered by the Fourth Amendment, but does not
violate it
|
|
|
b.
|
was not covered by the Fourth Amendment
|
|
|
c.
|
is covered by the Fourth Amendment, and is a violation
of it
|
|
|
d.
|
was only a partial violation of the Fourth Amendment
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
15. Under the exigent
circumstances exception, a law enforcement officer must apply for an
interception order _____ after the interception has occurred or begins to
occur.
|
|
a.
|
immediately
|
|
|
b.
|
within forty-eight hours
|
|
|
c.
|
as soon as practicable
|
|
|
d.
|
when prudent as deemed by the officer
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
16. Neither Title III of the
Omnibus Crime Control and Safe Streets Act of 1968 nor the Fourth Amendment
requires law enforcement to _____.
|
|
a.
|
obtain a judicial order to intercept wire, oral, or
electronic communications
|
|
|
b.
|
obtain judicial authorization to covertly enter the
premises to install a listening device
|
|
|
c.
|
first receive administrative authorization to apply for
an interception order
|
|
|
d.
|
conduct themselves in a way that minimizes the
interception of communications not subject to the interception order
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
17. Materials that are made
inaccessible to anyone without a special court order are said to be _____.
|
|
a.
|
under lock and key
|
|
|
b.
|
on-hold
|
|
|
c.
|
under seal
|
|
|
d.
|
en todos
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
18. Within a reasonable time, but
not later than _____ days after the termination of the period of an order, an
inventory must be served on the persons named in the order and on such other
parties to intercepted communications as the judge determines in the interest
of justice.
|
|
a.
|
twenty
|
|
|
b.
|
thirty
|
|
|
c.
|
sixty
|
|
|
d.
|
ninety
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
19. Title III of the Omnibus
Crime Control and Safe Streets Act of 1968 refers to a “person who was
a party to any intercepted” wire or oral communication or “a person against
whom the interception was directed” as _____.
|
|
a.
|
suspect
|
|
|
b.
|
aggrieved
|
|
|
c.
|
felonious
|
|
|
d.
|
victimized
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
20. When one party to a
communication consents to the interception of the communication, _____.
|
|
a.
|
Title III of the Wiretap Act prevents the use of the
communication in court against another party, but the Fourth Amendment
allows use of the communication
|
|
|
b.
|
the Fourth Amendment prevents the use of the
communication in court against another party, but Title III of the Wiretap
Act allows use of the communication in court against another party
|
|
|
c.
|
both the Fourth Amendment and Title III of the Wiretap
Act prevent use of the communication in court against another party
|
|
|
d.
|
neither Title III of the Wiretap Act nor the Fourth
Amendment prevents the use of the communication in court against another
party
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
21. Under the _____ exception, an
employee or agent of a communications service entity may intercept and
disclose communications to protect the rights or property of the provider as
part of the ordinary course of business.
|
|
a.
|
computer trespasser
|
|
|
b.
|
public access
|
|
|
c.
|
provider
|
|
|
d.
|
exigent circumstances
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
22. Under the _____ exception,
victims of computer attacks by hackers can authorize law enforcement
officials to intercept wire or electronic communications of a computer
trespasser, if specific statutory requirements are satisfied.
|
|
a.
|
computer trespasser
|
|
|
b.
|
provider
|
|
|
c.
|
public access
|
|
|
d.
|
exceptional privilege
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
23. What is the difference between
a pen register and a trap-and-trace device?
|
|
a.
|
A pen register records incoming addressing information
(such as caller ID information); whereas a trap-and-trace device records
outgoing addressing information (such as numbers dialed from a phone).
|
|
|
b.
|
A pen register records outgoing addressing information
(such as numbers dialed from a phone); whereas a trap-and-trace device
records incoming addressing information (such as caller ID information).
|
|
|
c.
|
A pen register intercepts communication; whereas a
trap-and-trace device does not intercept communication.
|
|
|
d.
|
A pen register does not intercept communication;
whereas a trap-and-trace device intercepts communication.
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.8
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
24. When law enforcement officers
intercept communications that relate to offenses other than those specified
in the interception order, the government may use the evidence of these other
crimes only if _____.
|
|
a.
|
the evidence was observed in plain view
|
|
|
b.
|
the evidence could have been discovered through an
independent source
|
|
|
c.
|
another application is made to a court “as soon as
practicable” for a determination that the interception complied with Title
III requirements
|
|
|
d.
|
the evidence is testimonial in nature
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.8
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
25. Title III of the Omnibus Crime
Control and Safe Streets Act of 1968 does not apply to the use of
electronic devices emitting signals that enable law enforcement officials to
track the location of objects and persons. Why?
|
|
a.
|
Title III only covers incidental interception of
communication.
|
|
|
b.
|
By their very nature, the devices are mobile and this
not covered.
|
|
|
c.
|
These devices are incapable of transmitting speech.
|
|
|
d.
|
The devices were not in existence in 1968.
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.7
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
26. Title III of the Omnibus Crime
Control and Safe Streets Act of 1968 specifically exempts _____ from the
warrant requirement.
|
|
a.
|
buildings
|
|
|
b.
|
cell phones
|
|
|
c.
|
tone-only pagers
|
|
|
d.
|
answering machines
|
|
ANSWER:
|
c
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
27. Prior to the passing of Title
III of the Omnibus Crime Control and Safe Streets Act of 1968, the United
States Government utilized a “national security exception” to conduct
warrantless electronic surveillance of foreign powers. In 1978, the Foreign
Intelligence Surveillance Act (FISA) was passed as a result of the _____.
|
|
a.
|
Watergate scandal
|
|
|
b.
|
abuses of the Vietnam war
|
|
|
c.
|
Iranian Hostage Crisis
|
|
|
d.
|
violent acts by student groups
|
|
ANSWER:
|
a
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
28. Who determines the composition
of the Foreign Intelligence Surveillance Court (FISC)?
|
|
a.
|
the Associate Justices of the U.S. Supreme Court.
|
|
|
b.
|
the Speaker of the House.
|
|
|
c.
|
the Attorney General of the U.S.
|
|
|
d.
|
the Chief Justice of the U.S. Supreme Court.
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.11
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
29. Title III of the Omnibus Crime
Control and Safe Streets Act of 1968 is often referred to as the _____.
|
|
a.
|
Digital Act
|
|
|
b.
|
Wiretap Act
|
|
|
c.
|
Electronics Act
|
|
|
d.
|
Surveillance Act
|
|
ANSWER:
|
b
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
30. Before the enactment of the
_____, interception orders for wire communications in computer hacking
investigations were not permitted.
|
|
a.
|
Omnibus Crime Control and Safe Streets Act of 1968
|
|
|
b.
|
FISA
|
|
|
c.
|
Violent Crime Control and Law Enforcement Act of 1994
|
|
|
d.
|
USA PATRIOT Act
|
|
ANSWER:
|
d
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.8
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
31. Many courts have upheld
requirements that forensic analysis of the computers had to be conducted
within 90 days of the physical search.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
32. Many courts require the
government to return seized computers and data storage equipment at a
particular time as a condition of issuing the warrant.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
33. The Department of Justice
cautions that limitations on search methodologies have the potential to
seriously impair the government’s ability to uncover electronic evidence.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
34. Although e-mail has replaced
telephone communication in many spheres, it is not considered a ‘wire
communication’ for purposes of Title III of the Wiretap Act.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
35. Searches and seizures
concerning foreign intelligence and antiterrorism efforts are authorized and
regulated by the Foreign Intelligence and Racketeering Act (FIRA).
|
ANSWER:
|
False
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
36. The Foreign Intelligence
Surveillance Act does not require a showing of probable cause to believe that
a crime has been or is being committed.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
37. Title III of the Wiretap Act
applies to private searches and seizures of wire, oral, or electronic
communications.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.3
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
38. If a conversation takes place
in public where other parties can overhear the conversation, there is no reasonable
expectation of privacy. However, any recording of such a conversation would
violate Title III of the Wiretap Act.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
39. Title III of the Wiretap Act
applies to the use of electronic devices emitting signals that enable law
enforcement officials to track the location of objects and persons.
|
ANSWER:
|
False
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
40. Title III of the Wiretap Act
does not cover video surveillance using video cameras that record only images
and not aural communications.
|
ANSWER:
|
True
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Explain
|
|
|
41. When one party to a
communication consents to the interception of the communication, neither
Title III of the Wiretap Act nor the Fourth Amendment prevents the use of the
communication in court against another party to the communication. This is
called __________.
|
ANSWER:
|
consent surveillance
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
42. The __________ allows a
communications service provider to intercept and disclose communications to
protect the rights or property of the provider as part of the ordinary course
of business.
|
ANSWER:
|
provider exception
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
43. The __________ provides that
any person may intercept an electronic communication made through a system
that is configured so that the communication is readily accessible to the
general public.
|
ANSWER:
|
accessible to the public exception
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
44. Computer __________ uses the
scientific methods for the preservation, collection, and analysis of digital
sources of information.
|
ANSWER:
|
forensics
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
45. Searches conducted using
wiretaps, bugs, or other devices to overhear conversations or obtain other
kinds of information are collectively referred to as __________
surveillance.
|
ANSWER:
|
electronic
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
46. Dropbox, SkyDrive and
SugarSync are companies that offer remote computing services, where one can
digitally store their information “in the __________ .”
|
ANSWER:
|
cloud
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.9
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
47. A(n) ___________ is defined as
“…a transfer containing the human voice at any point between and including
the point of origin and the point of reception.”
|
ANSWER:
|
aural transfer
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.1
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
48. The case of Dalia v. United States ruled
that a judicial order to place an eavesdropping device by law enforcement in
a business or residence need not have a separate order specifically
authorizing the __________ entry to install the device.
|
ANSWER:
|
covert
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.6
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
49. Congress created a special
Article III court to review FISA applications called the __________.
|
ANSWER:
|
Foreign Intelligence Surveillance Court
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.11
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
50. Title III of the Wiretap Act
provides authority for designated officials to intercept wire, oral, or
electronic communications without a prior interception order if an emergency
situation exists that involves immediate danger of death or serious physical
injury to any person. This is referred to as the __________.
|
ANSWER:
|
exigent circumstances exception
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
51. Briefly describe how the Title
III of the Omnibus Crime Control and Safe Streets Acts of 1968
originated.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.4
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
52. What impact has “cloud”
technology had upon law enforcement in terms of electronic surveillance?
Explain your reasoning.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.9
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
53. List a minimum of three forms
of wiretaps. Describe each.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.9
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
54. Outline the two stage process
used for most searches of electronically stored information.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.8
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
55. Compare and contrast an
interception order under Title III of the Wiretap Act and an ordinary search
warrant.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Searches of Electronically Stored Information
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.7
|
|
KEYWORDS:
|
Bloom’s: Analyze
|
|
|
56. Briefly describe what the
Foreign Intelligence Surveillance Act (FISA) is and does.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
57. What is meant by
sealing/putting under seal and why this is done?
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.10
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
58. Explain the conflicting
demands for more effective law enforcement and individual privacy rights
relevant to electronic surveillance.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
|
59. Explain the jurisdiction and
procedures of the Foreign Intelligence Surveillance Court (FISC).
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Intelligence Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.11
|
|
KEYWORDS:
|
Bloom’s: Understand
|
|
|
60. Assess the requirements that
some courts impose on applications for search warrants for electronically
stored information. Identify the limitations in place and explain the
rationale of these limitations.
|
ANSWER:
|
Answers will vary.
|
|
REFERENCES:
|
Electronic Surveillance
|
|
LEARNING OBJECTIVES:
|
CPCJ.FERD.16.5.5
|
|
KEYWORDS:
|
Bloom’s: Evaluate
|
|
Comments
Post a Comment