Exam 5: Searches for Electronically Stored Information and Electronic Surveillance
What is a trap and trace device?
A trap and trace device is a surveillance tool used by law enforcement agencies to capture the incoming electronic or telephonic communication information to a particular line. Unlike a wiretap, which records the actual content of conversations, a trap and trace device only collects information about the incoming calls or electronic communications, such as the phone number of the incoming caller, the time of the call, and its duration.
The purpose of a trap and trace device is to help law enforcement officials identify the source of communications to a subject of investigation without intruding on the content of those communications. This can be useful in various types of investigations, including those related to harassment, threats, or other criminal activities.
The use of trap and trace devices typically requires a court order or warrant based on probable cause, as it is a form of surveillance and has implications for privacy rights. The legal requirements for obtaining permission to use a trap and trace device may vary by jurisdiction, but generally, law enforcement must demonstrate to a judge that the information likely to be obtained is relevant to an ongoing criminal investigation.
In the digital age, trap and trace capabilities have expanded beyond traditional phone lines to include various forms of electronic communications, such as emails and messaging services. However, the principle remains the same: to collect information about the sources of communication without accessing the content of the messages themselves.
Under the exigent circumstances exception,a law enforcement officer must apply for an interception order ___________ after the interception has occurred or begins to occur.
C
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.
Dalia v.United States
A pen register ___________; whereas a trap-and-trace device ___________.
Briefly describe how the Title III of the Omnibus Crime Control and Safe Streets Acts of 1968 originated.
Congress created a special Article III court to review FISA applications called the ______________________.
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.
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?
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.
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?
______________ concerns the use of scientific methods toward the preservation,collection,and interpretation of digital evidence from digital sources.
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.
Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC).
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.
Explain the similarities and the differences that exist between an interception order under Title III and an ordinary search warrant.
___________________ is defined as searches using wiretaps,bugs,or other devices to overhear conversation or obtain other kinds of information.
When one party to a communication consents to the interception of the communication:
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