Criminal Procedure for the Criminal Justice Professional, International Edition, 11th Edition by John N. Ferdico – Test Bank
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Sample Test
TEST BANK
Multiple Choice
1. The
common law approach to applying the Fourth Amendment to particular cases was to
focus on:
1. whether
the subjective privacy rights of the individual had been violated.
2. whether
law enforcement used force during a search and/or seizure.
3. whether
the government agent intentionally violated the constitutional protection.
4. whether
there was a physical intrusion into a constitutionally protected area.
ANS:
D REF:
96
LO: 1
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:
1. whether
particular individual’s had standing to claim the Fourth Amendment protection.
2. vehicular
stops and searches.
3. electronic
surveillance.
4. public
stops and pat-downs.
ANS:
C REF:
97-100
LO: 1
3. The Katz v. United States (1967)
case is known for establishing that:
1. the
Fourth Amendment protects people, not places.
2. the
Fourth Amendment protects both drivers and passengers of a vehicle.
3. the Fourth
Amendment protects places, but not people.
4. the
Fourth Amendment protects neither people or places.
ANS:
A REF:
97-100
LO: 1
4. The Katz v. United States (1967)
case, while shifting the Fourth Amendment inquiry from property rights to
privacy rights, did not result in a lot of reversals of previously decided
cases. Why were there not a lot of reversals following the decision?
1. privacy
protection requires a reference to “place”
2. a
change in focus applies only to future cases and no reversals can occur
3. no
cases have come before the court requiring a reversal
4. a
reversal would require a constitutional amendment
ANS:
A REF:
97-100
LO: 1
5. The
U.S. Supreme Court has defined the term “search” to occur when:
1. there
is a meaningful interference with an individual’s possessory interests in
property.
2. an
individual has a subjective expectation of privacy and the expectation of
privacy has been infringed upon.
3. an
individual has a subjective expectation of privacy that society is prepared to
consider reasonable and the privacy expectation is infringed.
4. an
officer collects any evidence against a person regardless of circumstance.
ANS:
C REF:
97-100
LO: 2
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:
1. constituted
a search, but not a seizure.
2. constituted
both a search and seizure.
3. did
not constitute a search or a seizure.
4. constituted
a seizure, but not a search.
ANS: C
REF:
97-100
LO: 2
7. Which
of the following statements is true about the concept of probable cause?
1. The
concept is strikingly similar to the “preponderance of evidence” and “beyond a
reasonable doubt” standards that are used in court proceedings.
2. Whether
probable cause exists is determined by considering only the subjective
perceptions of the officer(s) involved.
3. The
concept of probable cause is a finely tuned standard that has a precise
understanding among those who use it.
4. The
concept deals with probability that evidence will be found or that the
individual committed an offense.
ANS:
D REF:
100-101
LO: 2
8. The
preference that a search and/or seizure be authorized by a warrant is based on
all of the following except:
1. judgments
should be made by a neutral and detached individual.
2. police
are not qualified to make probable cause determinations.
3. police
are sometimes hurried and overzealous in their investigations.
4. police
investigations can often be a competitive enterprise.
ANS:
B REF:
101
LO: 2
9. An
announcement receives an announcement from dispatch that another jurisdiction
is looking for a blue Ford Mustang with Louisiana license plates with a large
dent in the passenger side door. The officer spots a car fitting this
description. Which of the following is a true statement?
1. The
officer does not have justification to stop the car and investigate further.
2. The
officer has justification to stop the car and investigate because probable
cause is based on the collective knowledge of the police.
3. The
officer has justification to stop the car and investigate because (s)he has
personal knowledge of the crime.
4. The
officer has justification to stop the car and investigate simply because the
motor vehicle is being operated in the jurisdiction of the officer.
ANS:
B REF:
101-102
LO: 3
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 not correct.
Which of the following is a true statement?
1. The
arrest would still be considered valid.
2. The
arresting officer is shielded from any civil liability for false arrest.
3. The
arrest would still be valid and the officer is shielded from any civil
liability for false arrest.
4. The
arrest would not be valid and the officer is not shielded from any civil
liability for false arrest.
ANS:
B REF:
101-102
LO: 3
11.
Which of the following, standing alone, can serve as the basis
for probable cause?
1. flight
of a person from an area
2. furtive
conduct
3. false
or improbable answers to questions
4. observation
and evaluation of real or physical evidence
ANS:
D REF:
105-106
LO: 3
12.
Which of the following, standing alone, can serve as the basis
for probable cause?
1. an
admission
2. presence
at a crime scene or a high crime area
3. association
with other known criminals
4. past
criminal conduct
ANS:
A REF:
106
LO: 3
13.
The method of establishing probable cause through the use of an
informant’s information is sometimes referred to as:
1. informant
method.
2. the 3rd party
method.
3. the
indirect discovery method.
4. the
hearsay method.
ANS:
D REF:
109-119
LO: 2
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. Which of the following is not part of the
criteria for the established process?
1. Information
be identified that can be used to determine whether the informant has
sufficient basis for the knowledge.
2. Information
be identified that can be used to determine that the information is credible.
3. The
information must be judged based on the totality of the circumstances.
4. Information
be identified that can be used to determine that the information is reliable.
ANS: C
REF:
110-119
LO: 3
15.
Following the decision in Illinois v. Gates (1983):
1. all
states and the federal government have adopted the totality of circumstances
approach.
2. all
states adopted totality of circumstances, but the federal government retained
the Aguilar-Spinelli
3. the
totality of circumstances approach was subsequently overruled.
4. some
states rejected the Gates decision
and retained the Aguilar-Spinelli criteria
on the basis of their own state constitutions.
ANS:
D REF: 110
LO: 6
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)?
1. The
name of the high school student that purchased the drugs.
2. How,
when, and where the informant obtained the information.
3. How,
when, and where the drug dealer obtained the drugs that were sold.
4. The
reasons to believe that the informant was providing truthful information.
ANS:
B REF:
111-112
LO: 4
17.
Based on the Aguilar-Spinelli criteria,
in order to establish probable cause in a situation where informant information
is secondhand, the affidavit must:
1. show
how the third person knows the information furnished to the informant.
2. show
how the third person knows the information furnished to the informant and why
the information from the informant is credible or reliable.
3. 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.
4. 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.
ANS:
C REF:
110-112
LO: 4
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 of the following is a primary factor mentioned
in the text (State v.
White, Ga. App. 1990) that is used by Georgia courts to assess the
veracity/truthfulness of an anonymous tip?
1. the
testimony of the officer receiving the tip as to its credibility
2. whether
the information is from a “concerned citizen”
3. whether
the citizen had provided valid tips in the past
4. whether
the tipster had firsthand or secondhand knowledge
ANS:
B REF:
112-115
LO: 6
19.
When information is used from a criminal informant, the name of
the informant:
1. must
always be reported in the affidavit.
2. never
has to be reported in the affidavit.
3. need
not be disclosed unless the informant information is part of an agreement with
the prosecutor in a pending criminal case against the informant.
4. need
not be disclosed if his or her credibility is otherwise satisfactorily
established.
ANS:
D REF:
113-115
LO: 6
20.
Which of the following is the most effective way to assess
reliability of a criminal informant’s information?
1. the
number of convictions his/her information has produced
2. the
number of arrests his/her information has produced
3. the
accuracy of the past information provided by the informant
4. a
positive assessment from the officer who obtained the information
ANS:
C REF: 113-115
LO: 5
21.
The term ____________ means strengthening or confirming the
information supplied by the informant with supporting information obtained by
law enforcement officers.
1. attenuation
2. corroboration
3. discovery
4. verification
ANS: B
REF:
115-119
LO: 5
22.
Which of the following is not reflective of the reasons why
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?
1. The Aguilar-Spinelli criteria
were inflexible and mechanistic.
2. Probable
cause was judged to be a fluid concept.
3. Aguilar-Spinelli made
it very difficult to obtain a search warrant based on information from an
anonymous informant.
4. The
Court wanted to establish a clear test could be applied in all cases using
essentially the same decision factors across all cases.
ANS:
D REF:
119-123
LO: 6
23.
The Fifth Circuit Court of Appeals established a totality of the
circumstances test that has been endorsed and applied by other courts in cases
that followed. The test is applied to assess probable cause based on informant
information. Which of the following is not among the
factors considered in the test?
1. whether
the informant information is firsthand or secondhand
2. the
nature of the information
3. whether
there has been an opportunity for the police to see or hear the matter reported
4. the
veracity and the basis of the knowledge of the informant
5. whether
there has been any independent verification of the matters through police
investigation
ANS:
A REF:
119-123
LO: 6
24.
Which of the following concepts is so important that it has been
referred to as the “touchstone” of the Fourth Amendment?
1. the
exclusionary rule
2. privacy
3. reasonableness
4. probable
cause
ANS:
C REF:
123-125
LO: 7
25.
Which of the following is a true statement about the concept of
reasonableness, as it applies to Fourth Amendment inquiries?
1. The
term “reasonableness” can be used interchangeably with “correctness”.
2. Reasonableness
is determined on a case-by-case basis, not through application of a precise
test.
3. Reasonableness
is conservatively construed by the courts.
4. Reasonableness
is the least important consideration among Fourth Amendment concepts.
ANS:
B REF:
123-125
LO: 7
26.
Which of the following is the best characterization of the U.S.
Supreme Court’s current view toward the Aguilar-Spinelli two-prong
criteria?
1. The
criteria are a good reference point for analyzing probable cause based on
informant information, but the applicability to all cases is limited.
2. Rigid
application of the criteria is the best way to analyze probable cause based on
informant information.
3. The
criteria are so outdated that the case is completely useless in assessing
probable cause.
4. The
criteria are a good ending point of the probable cause analysis, but there are
several steps that need to occur first.
ANS:
A REF:
110-123
LO: 4
27.
The leading case on corroboration of information provided by an
informant is:
1. Dawson
v. State (1971)
2. Spinelli
v. United States (1969)
3. Aguilar
v. Texas (1964)
4. Illinois
v. Gates (1983)
ANS:
B REF:
115-119
LO: 5
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:
1. whether
probable cause exists
2. whether
the exclusionary rule can be invoked
3. whether
there was a violation of privacy
4. whether
the search or seizure was reasonable
ANS:
D REF:
123-125
LO: 7
29.
The fundamental concept(s) for understanding the application of
Fourth Amendment is/are:
1. privacy
2. privacy
and reasonableness
3. privacy
and probable cause
4. privacy,
reasonableness, and probable cause
ANS:
D REF:
95
LO: 1
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.
1. absolute
suspicion
2. reasonable
suspicion
3. absolute
cause
4. probable
cause
ANS:
D REF:
102-109
LO: 1
True/False
1. When
the police obtain a handwriting or voice sample from a criminal suspect, this action
constitutes a seizure, thereby implicating the Fourth Amendment.
ANS:
F REF:
97-100
LO: 2
2. A
“search” occurs when an expectation of privacy that society is prepared to
recognize is infringed.
ANS:
T REF: 123-125
LO: 2
3. Warrantless
police actions are presumed to be unreasonable unless based on probable cause.
ANS:
T REF:
100
LO: 7
4. The
U.S. Supreme Court has a strong preference that arrests and searches be authorized
by a warrant.
ANS:
T REF:
101
LO: 2
5. 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.
ANS:
T REF:
101
LO: 1
6. A
police officer is considered an expert in the area of gangs and gang behavior.
The courts are not permitted
to give extra credence to the judgments of the expert when (s)he applies for a
search or arrest warrant in a case involving gang behavior.
ANS:
F REF:
109
LO: 2
7. The
decision in Illinois
v. Gates (1983) completely overruled the Aguilar-Spinelli criteria
for establishing probable cause based on informant information. The Aguilar-Spinelli criteria
did not retain their vitality in analyzing the presence of probable cause in
cases of informant information.
ANS:
F REF:
110-123
LO: 4
8. 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.
ANS:
F REF:
112-113
LO: 4
9. A
criminal informant’s credibility (veracity/truthfulness) must always be
established by a statement of underlying facts and circumstances.
ANS:
T REF:
113-115
LO: 5
10.
Other Fourth Amendment considerations, such as warrants,
reasonableness, exigency, and good faith, are factors that are considered
subservient to probable cause.
ANS:
F REF:
123-125
LO: 7
Fill-in-the-blank
1. In
terms of applying the privacy right that exists under the Fourth Amendment, the
amendment is said to protect __________, not __________.
ANS: people;
places
REF: 97-100
LO: 1
2. A
seizure of property occurs when there is some __________ with an individual’s
possessory interests in that property.
ANS: meaningful interference
REF:
97-100
LO: 2
3. Probable
cause to search means that there is a __________ that contraband or evidence of
a crime will be found in a particular place.
ANS: fair
probability
REF: 100-101
LO: 2
4. Probable
cause is evaluated by examining the __________ in the possession of the police
at the time of the arrest or search, not merely the personal knowledge of the
arresting or searching officer.
ANS: collective
knowledge
REF:
101-102
LO: 4
5. The
Gates v. Illinois (1983) decision abandoned rigid adherence to the Aguilar-Spinelli criteria
in favor of a __________ approach to determining probable cause.
ANS: “totality of the circumstances” REF:
119-123
LO: 6
6. A
criminal informant’s credibility is never presumed but must be established.
Usually, this is done by demonstrating the informant’s __________ of having
given accurate information in the past.
ANS: track
record
REF: 113-115
LO: 4
7. The
elements of the __________ two-pronged test are important considerations in
determining the existence of probable cause based on informant testimony.
Nonetheless, they should be evaluated only as part of the commonsense
determination under the totality of the circumstances—not as rigid rules to be
applied mechanically.
ANS: Augilar-Spinelli REF:
110-123
LO: 4
8. 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 an __________who relays the information.
ANS: officer’s;
informant
REF:
101-123
LO: 4
officer;
informant
9. 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.
ANS:
privacy
REF: 97-100
LO: 1
10.
Third party information is often referred to as ________.
ANS: hearsay
REF: 109-119
LO: 4
Essay
1. Define
the concept of probable cause. Compare and contrast probable cause relating to
search and probable cause as it relates to arrest.
ANS: Answers will vary.
REF:
100-101
LO: 2
2. The
concept of probable cause is based, ultimately, on the notion of objective
expectation of privacy, in contrast to subjective expectation of privacy.
Explain the difference.
ANS: Answers will
vary. REF:
100-101
LO: 2
3. Compare
and contrast the requirements for establishing probable cause on the basis of a
citizen informant versus a criminal informant.
ANS: Answers will
vary. REF:
109-123
LO: 4|5| 6
4. 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.
ANS: Answers will
vary. REF:
109-123
LO: 4|5| 6
5. Define
the term “reasonableness” as it relates to the Fourth Amendment inquiry.
Explain the standards used to assess reasonableness.
ANS: Answers will
vary. REF:
123-125
LO: 7
6. Explain
the difference in the concept of privacy before and after Katz v. U.S. (1967).
ANS: Answers will
vary. REF:
97-100
LO: 1
7. Write
the definition of “search”. Write the definition of “seizure”. Explain
how there could be a search without a seizure. Explain how there can be a
seizure without a search.
ANS: Answers will
vary. REF:
98
LO: 7
8. 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?
ANS: Answers will
vary. REF:
109-123
LO: 5
9. Write
a brief paragraph explaining the importance of note-taking by an officer as the
case progresses.
ANS: Answers will
vary. REF:
109-123
LO: 3 | 5
10.
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.
ANS: Answers will
vary. REF: 102-109
LO: 3
Ferdico_CrimPro_TB_CH_05
TEST BANK
Multiple Choice
11.
______________ concerns the use of scientific methods toward the
preservation, collection, and interpretation of digital evidence from digital
sources.
1. Forensic
computer information systems
2. Computer
forensics
3. Electronic
forensics
4. Computer
science
ANS:
B REF:
178
LO: 1
12.
Which of the following is not part of the appropriate process
for gathering and analyzing Electronically Stored Information (ESI) following
the issuance of a warrant?
1. Law
enforcement officers need to enter the place(s) housing the devices on which
data are stored.
2. Law
enforcement officers search the premises and seize the devices on which data
may be stored.
3. Law
enforcement officers examine the seized devices for the data described in a
warrant.
4. The
devices seized by law enforcement are examined by forensic computer specialists
for data described in a warrant.
ANS:
C REF:
178
LO: 2
13.
The term ____________ is used to describe tools for hiding,
destroying, or counterfeiting the information relied on by digital forensics
experts.
1. anti-forensics
2. counter
forensics
3. computer
forensics
4. computer
sciences
ANS:
A REF:
180
LO: 1
14.
Which of the following is not a limitation that some courts
impose on applications for search warrants for electronically stored
information?
1. limitations
during the physical search and seizure phase
2. limitations
on how forensic evidence can be used in court
3. time
limitations on forensic examination phase
4. limitations
on how forensic examination may be conducted
ANS:
B REF:
179
LO: 3
15.
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:
1. validated
the law because the government had probable cause and the intrusion was
reasonably related to what the government official was looking for
2. validated
the law because it properly limited the nature, scope, or duration of the
electronic surveillance
3. invalidated
the law because the government did not establish probable cause
4. invalidated
the law because it failed to properly limit the nature, scope, or duration of
the electronic surveillance
ANS:
D REF:
181
LO: 4
16.
A transfer containing the human voice at any point between and
including the point of origin and the point of reception is called
____________.
1. aural
transfer
2. electronic
communication
3. intercept
4. oral
communication
ANS:
A REF:
182
LO: 1
17.
A ____________ 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.
1. geographical
wiretap
2. roving
wiretap
3. non-specific
wiretap
4. roaming
wiretap
ANS:
B REF:
184
LO: 4
18.
The Foreign Intelligence Surveillance Act (FISA) authorizes
courts to conduct ___________ of surveillance materials.
1. closed
review
2. discretionary
review
3. expedited
review
4. legislative
review
ANS:
A REF:
201
LO: 10
19.
Which of the following is a true statement concerning time
limitations on the forensic examination phase of electronically stored
information?
1. The
police are only allowed 10 days to extract the evidence.
2. The
time period allowed to obtain the evidence is the same for forensic searches
and more traditional searches.
3. Law
enforcement is allowed a shorter time period to obtain the evidence than
normally allowed under a traditional search warrant.
4. Law
enforcement is allowed a longer time period to obtain the evidence than
normally allowed under a traditional search warrant.
ANS:
D REF:
179
LO: 3
20.
The statutory-based exclusionary rule in title III:
1. applies
to wire, oral, and electronic communications
2. applies
to electronic and wire communications, but does not apply to oral
communications
3. applies
to electronic and oral communications, but does not apply to wire
communications
4. applies
to wire and oral communications, but does not apply to electronic
communications
ANS:
A REF:
183
LO: 4
21.
Which of the following is not a true statement concerning
Title III?
1. It
protects a party to a conversation even if the party has no reasonable
expectation of privacy with respect to that conversation.
2. If
one party to a conversation consents to the interception of that conversation,
the conversation may be used against the other party.
3. It
does not apply to the use of electronic devices such as beepers, trap-and-trace
devices, and pen registers, although the installation and use of these devises
is regulated by other federal laws.
4. Judicial
approval is not required to covertly enter premises to install a listening
device.
ANS:
A REF:
182-189
LO: 4
22.
In the case of Olmstead
v. United States the Court decided that the practice of
wiretapping was not covered by the Fourth Amendment. Which of the following was
among the reasons?
1. The person
had no reasonable expectation of privacy in the home.
2. The
evidence was obtained only by hearing (and did not involve tangible items) the
interception of a conversation could not qualify as a seizure.
3. The
Fourth Amendment protects people, but not places.
4. There
was no legitimate remedy for the alleged violation at the time; the
exclusionary rule did not exist yet.
ANS:
B REF:
181
LO: 5
23.
___________________ is defined as searches using wiretaps, bugs,
or other devices to overhear conversation or obtain other kinds of information.
1. Electronic
surveillance
2. Covert
surveillance
3. Covert
intelligence
4. The
USA Patriot Act
ANS:
A REF:
181
LO: 5
24.
In Olmstead v. United States (1928), the Court held that
wiretapping of telephone conversations:
1. is
covered by the Fourth Amendment, but does not violate the amendment.
2. was
not covered by the Fourth Amendment.
3. is
covered by the Fourth Amendment, and is a violation of the amendment.
4. was
only a partial violation of the Fourth Amendment.
ANS:
B REF:
181
LO: 4
25.
Under the exigent circumstances exception, a law enforcement
officer must apply for an interception order ___________ after the interception
has occurred or begins to occur.
1. immediately
2. within
forty-eight hours
3. as
soon as practicable
4. when
prudent as deemed by the officer
ANS:
C REF:
187
LO: 4
26.
Neither Title III nor the Fourth Amendment requires law
enforcement to:
1. obtain
a judicial order to intercept wire, oral, or electronic communications.
2. obtain
judicial authorization to covertly enter the premises to install a listening
device.
3. first
receive administrative authorization to apply for an interception order.
4. conduct
themselves in a way that minimizes the interception of communications not
subject to the interception order.
ANS:
B REF:
185
LO: 5
27.
Putting material ____________ means it is not accessible to
anyone without a special court order.
1. under
lock and key
2. on-hold
3. under
seal
4. en
todos
ANS:
C REF:
186-187
LO: 6
28.
Within a reasonable time, but not later than ____ days after the
termination of the period of an interception 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.
1. twenty
2. thirty
3. sixty
4. ninety
ANS:
D REF:
187
LO: 7
29.
Regarding Title III, a(n) _____________________ person means a
“person who was a party to any intercepted” wire or oral communication or “a
person against whom the interception was directed.”
1. aggravated
circumstance
2. aggrieved
3. felonious
4. victimized
ANS:
B REF:
189
LO: 4
30.
When one party to a communication consents to the interception
of the communication:
1. Title
III prevents the use of the communication in court against another party, but
the Fourth Amendment allows use of the communication.
2. The
Fourth Amendment prevents the use of the communication in court against another
party, but Title III allows use of the communication in court against another
party.
3. both
the Fourth Amendment and Title III prevents use of the communication in court
against another party.
4. neither
Title III nor the Fourth Amendment prevents the use of the communication in
court against another party.
ANS:
D REF:
190
LO: 4
31.
Under the _________________, an employee or agent of a
communications service provider may intercept and disclose communications to
protect the rights or property of the provider as part of the ordinary course
of business.
1. computer
trespasser exception
2. public
access exception
3. provider
exception
4. exceptional
privilege
ANS:
C REF:
190-191
LO: 4
32.
Under the ________________________, victims of computer attacks
by hackers may authorize law enforcement officials to intercept wire or
electronic communications of a computer trespasser, if specific statutory
requirements are satisfied.
1. computer
trespasser exception
2. provider
exception
3. public
access exception
4. exceptional
privilege
ANS:
A REF:
191
LO: 5
33.
A pen register ___________; whereas a trap-and-trace device
___________.
1. records
incoming addressing information (such as caller ID information); records
outgoing addressing information (such as numbers dialed from a phone).
2. records
outgoing addressing information (such as numbers dialed from a phone); records
incoming addressing information (such as caller ID information).
3. intercepts
communication; does not intercept communication.
4. does
not intercept communication; intercepts communication.
ANS:
B REF: 191
LO: 8
34.
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:
1. the
evidence was observed in plain view.
2. the
evidence could have been discovered through an independent source.
3. another
application is made to a court “as soon as practicable” for a determination
that the interception complied with Title III requirements.
4. the
evidence is testimonial in nature.
ANS:
C REF:
186
LO: 7
35.
Title III does not apply to the use of electronic devices
emitting signals that enable law enforcement officials to track the location of
objects and persons. This is because:
1. Title
III only covers incidental interception of communication.
2. these
devices are capable of transmitting speech.
3. these
devices are incapable of transmitting speech.
4. intercept
communications.
ANS:
C REF:
191-192
LO: 8
36.
Title III specifically exempts which of the following from the
warrant requirement?
1. Buildings
2. Cell
phones
3. Tone-only
pagers
4. Answering
machines
ANS:
C REF:
192
LO: 8
37.
Prior to the passing of Title III, 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 what government abuse?
1. Watergate
scandal
2. Organized
Crime
3. Iranian
Hostage Crisis
4. Terrorism
acts of violence
ANS:
A REF:
197
LO: 10
38.
The composition of the Foreign Intelligence Surveillance Court
(FISC) is determined by:
1. the
Associate Justices of the U.S. Supreme Court.
2. the
Speaker of the House.
3. the
Attorney General of the U.S.
4. the
Chief Justice of the U.S. Supreme Court.
ANS:
D REF:
198
LO: 11
39.
The __________ showing required for electronic surveillance is
the same as that required by the Fourth Amendment for a search warrant.
1. reasonable
suspicion
2. probable
cause
3. absolute
cause
4. absolute
suspicion
ANS:
B REF:
183
LO: 7
40.
Before issuing an interception order, the court must find:
1. probable
cause that the person whose communication is being intercepted is, has, or is
about to commit a specific crime.
2. probable
cause to believe that particular communications concerning the specific offense
will be obtained through the interception.
3. normal
investigative procedures have been tried and have failed, or reasonably appear
to be unlikely to succeed if tried, or reasonably appear to be too dangerous.
4. the
court must find all of these.
ANS:
D REF:
183
LO: 7
True/False
41.
Many courts have upheld requirements that forensic analysis of
the computers had to be conducted within 30, 60, or 90 days of the physical
search, even though traditional searches must normally be executed with 10 days
of the issuance of a search warrant.
ANS: T
REF:
179
LO: 3
42.
Many courts require the government to return seized computers
and data storage equipment at a particular time as a condition of issuing the
warrant.
ANS:
T REF:
179
LO: 3
43.
The federal government recommends that an affidavit explain the
techniques that will be used to search only for the specific files related to
the investigation, and not every file on the computer.
ANS:
T REF:
180
LO: 3
44.
Although e-mail has replaced telephone communication in many
spheres, it is not considered a ‘wire communication’ for Title III purposes.
ANS:
T REF:
194
LO: 3
45.
Searches and seizures concerning foreign intelligence and antiterrorism
efforts are authorized and regulated by the Foreign Intelligence and
Racketeering Act (FIRA).
ANS:
F REF:
202
LO: 10
46.
The Foreign Intelligence Surveillance Act does not require a
showing of probable cause to believe that a crime has been or is being
committed.
ANS:
T REF:
197-201
LO: 10
47.
Title III applies to private searches and seizures of wire,
oral, or electronic communications.
ANS:
T REF: 188-189
LO: 4
48.
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.
ANS:
F REF:
190
LO: 5
49.
Title III does apply to the use of electronic devices emitting
signals that enable law enforcement officials to track the location of objects
and persons.
ANS:
F REF:
191-192
LO: 4
50.
Title III does not cover video surveillance—the use of video
cameras that record only images and not aural communications.
ANS:
T REF:
194-195
LO: 4
Fill-in-the-blank
51.
When one party to a communication consents to the interception
of the communication, neither Title III nor the Fourth Amendment prevents the
use of the communication in court against another party to the communication.
This is called __________________.
ANS: consent surveillance
REF: 190
LO: 5
52.
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.
ANS: provider exception
REF:
190-191
LO: 5
53.
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.
ANS: accessible to the public exception REF:
191
LO: 5
54.
The concept of ______________ concerns the use of scientific
methods toward the preservation, collection, and analysis of digital sources of
information.
ANS: computer forensics
REF:
178-180
LO: 1
55.
Searches conducted using wiretaps, bugs, or other devices to
overhear conversations or obtain other kinds of information are referred to as
__________.
ANS: electronic surveillance REF: 181
LO: 1
56.
Because of the uniqueness of certain crimes and the need for
electronic surveillance to deal with same, Congress enacted the
______________________ in part to deal with modern society’s conflicting
demands for privacy and more effective law enforcement.
ANS: Omnibus Crime Control and Safe Streets Act of 1968, Title
III
Omnibus Crime Control and Safe Streets Act of 1968
Omnibus Crime Control and Safe Streets Act
REF:
182-185
LO: 4
57.
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.”
ANS: aural
transfer
REF: 182
LO: 1
58.
The case of _____________ 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 covert entry to install the
device.
ANS: Dalia
v. United
States REF:
185
LO: 6
59.
Congress created a special Article III court to review FISA
applications called the ______________________.
ANS: Foreign Intelligence Surveillance Court REF: 198-199 LO: 11
FISC
60.
Title III 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
_________________.
ANS: exigent circumstances exception REF:
187
LO: 5
Essay
61.
Briefly describe how the Title III of the Omnibus Crime Control
and Safe Streets Acts of 1968 originated.
ANS: Answers will
vary. REF:
182-185
LO: 4
62.
Explain the difference between a pen register and a wiretap.
ANS: Answers will
vary. REF:
191-197
LO: 8
63.
What is a trap and trace device?
ANS: Answers will
vary. REF:
191
LO: 8
64.
Explain the two stage process used for most searches of
electronically stored information.
ANS: Answers will
vary. REF:
178
LO: 2
65.
Explain the similarities and the differences that exist between
an interception order under Title III and an ordinary search warrant.
ANS: Answers will
vary. REF:
182-197
LO: 7
66.
Briefly describe what the Foreign Intelligence Surveillance Act
(FISA) is.
ANS: Answers will
vary. REF: 197-201
LO: 10
67.
What is meant by sealing/putting under seal and why this is
done?
ANS: Answers will
vary. REF:
186-187
LO: 10
68.
Explain the conflicting demands for more effective law
enforcement and individual privacy rights relevant to electronic surveillance.
ANS: Answers will
vary. REF: Chapter
5 LO: 5
69.
Explain the jurisdiction and procedures of the Foreign
Intelligence Surveillance Court (FISC).
ANS: Answers will
vary. REF:
198-199
LO: 11
70.
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.
ANS: Answers will
vary. REF: 179
LO: 5
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