Deck 15: Electronic Surveillance and the War on Terror

Question 1

Which of the below crimes is subject to a ban on electronic surveillance?
I) chemical weapons offenses
II) use of weapons of mass destruction
III) financial transactions with countries supporting terrorists
IV) none of the above

A) I, II, III, IV
B) I, II, III
C) IV
D) II, III

Answer 1

C

Question 2

Miranda's application to terrorism suspects:

A) is an unsettled legal matter and still controversial.
B) is a matter that has been resolved and there is agreement that terrorism suspects must always be Mirandized before they are subject to custodial interrogation.
C) the U.S. Attorney General has publicly refused to take a position on this matter
D) the U.S. Attorney General has stated that the decision to Mirandize or not rests with the law enforcement agent's discretion.

Answer 2

A

Question 3

Which of the below is a source of the president's authority to establish military commissions?

A) the uniform code of military justice
B) Article III courts
C) the president's power to conduct foreign policy
D) the president's role as commander in chief

Answer 3

D

Question 4

What type of offenses were sneak and peak searches mainly used for originally?

A) counterfeiting
B) homicides
C) all felonies
D) drug offenses

Question 5

Who can military commissions try?

A) any terrorist offenses
B) noncitizens
C) citizens
D) U.S. military personnel

Question 6

The government's use of extraordinary power:

A) is only limited by necessity
B) is unlimited and can be used for any length of time
C) can be used only when it is absolutely necessary and must be given up when the emergency is over
D) refers only to the use of the military

Question 7

The government is allowed access to voice mail and email communications under:

A) The Patriot Act.
B) The Crime Control and Safe Streets Act.
C) The Federal Intelligence Surveillance Act.
D) The Terrorist Surveillance Act.

Question 8

In Boumediene v. Bush (2008), the Supreme Court: decided that:

A) declared unconstitutional the provision of the Military Commission Act of 2006 that stripped federal courts of power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants
B) declared constitutional the provision of the Military Commission Act of 2006 that stripped federal courts of power to hear habeas corpus petitions from detainees challenging their designation as enemy combatants
C) the Constitution does not protect enemy combatants
D) enemy combatants must be tried in court martial proceedings

Question 9

Since 9/11, the government has shifted its primary goal from gathering evidence in order to prosecute terrorists to:

A) deporting them.
B) prosecuting drug dealers.
C) gathering intelligence in order to prevent future attacks.
D) detaining them without trial.

Question 10

According to rules issued by the Department of Defense in 2010 governing military commission proceedings:

A) evidence derived from statements obtained by cruel, inhumane, and degrading treatment can never be used
B) evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used in all circumstances
C) evidence derived from statements obtained by cruel, inhumane, and degrading treatment can be used if its use would otherwise be consistent with the interests of justice
D) evidence can be used only if it can also be used in federal courts

Question 11

A general ban on the interception of wire, oral, or electronic communications while they are taking place was enacted in:

A) The Patriot Act.
B) The Crime Control and Safe Streets Act.
C) The Federal Intelligence Surveillance Act.
D) Terrorist Surveillance Program.

Question 12

If email and voicemail messages have been stored for less than six months, under the Patriot Act law enforcement officials:

A) do not need a warrant to intercept them.
B) need reasonable suspicion to intercept them.
C) need probable cause but not a warrant.
D) need probable cause and a warrant.

Question 13

The USA Patriot Act:

A) eliminates the constitutional balance between government power and individual privacy.
B) tips the balance in favor of individual privacy and liberty.
C) reinforces the balance between government power and individual liberty that was
In effect before 9/11.
D) modifies the balance between government power and individual liberty in the government's favor.

Question 14

Military Commissions:

A) follow all the same procedures and rules as Article III courts.
B) have jurisdiction over citizens and non-citizens
C) operate under relaxed rules of procedure and proof compared to Article III
Courts.
D) also try members of the U. S. armed forces when they violate the Uniform Code
Of Military Justice

Question 15

The Fourth Amendment does not protect:
I) conversations of private individuals secretly listened to after wiring informants for sound.
II) telephone company lists of the phone numbers of outgoing and incoming calls to a specific telephone.
III) bank records of individual's financial dealings.
IV) searches of automobiles

A) I, II, III
B) I, II
C) I, I, III, IV
D) II, III, IV

Question 16

The Patriot Act expands pen register and trap and trace:
I) by allowing the devices to capture email headers.
II) by expanding the geographical area the devices can cover.
III) by allowing the devices to be used in misdemeanor investigations.
IV) by allowing the devices to capture email messages.

A) I, II
B) I, II, IV
C) IV
D) I, II, III

Question 17

According to the Crime Control and Safe Streets Act's serious crime exception:

A) law enforcement officials can intercept electronic communications without a court order.
B) the U.S. Attorney alone can approve the interception of electronic communications.
C) a federal judge must approve the interception of electronic communications.
D) no electronic communications can be intercepted while they are taking place.

Question 18

In the current debate about how to try foreign terrorist suspects:

A) the "terrorism as war" advocates support the use of federal courts
B) the "terrorism as crime" advocates support the use of federal courts
C) the "terrorism as crime" advocates support the use of military commissions
D) there is no middle course - it's an either/or decision

Question 19

Which of the below is/are example(s) of total war?
I) Vietnam War
II) World War I
III) World War II
IV) Korean War

A) I, II, III, IV
B) II, IV
C) I, III
D) II, III

Question 20

The U.S. Patriot Act:

A) tips the balance totally in favor of government power with very little protection for individual privacy
B) tips the balance somewhat in favor of government power and guarantees somewhat less protection for individual privacy
C) leaves the balance between government power and individual privacy in the same place it was pre-9/11
D) tips the balance so far in favor of the government that the U.S. Supreme Court declared many of its provisions unconstitutional.

Question 21

Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration status:

A) violates the Fourth Amendment search and seizure requirements
B) is not considered a seizure under the Fourth Amendment
C) is considered a seizure under the Fourth Amendment but has been held
Constitutional
D) is considered a seizure only if officials detain the travelers for a significant amount of time

Question 22

One of the primary differences between interrogating criminal suspects and suspected terrorists, which impacts whether the interrogation techniques are legal is:

A) the suspected terrorist will most likely be a noncitizen and the criminal suspect most likely be a citizen.
B) the terrorist suspect may be detained outside the U.S. and the criminal suspect is in the U.S.
C) law enforcement officers question criminal suspects and intelligence officers question suspected terrorists.
D) for criminal suspects the issue is whether a confession is admissible in court to establish guilt; for terrorists suspects the issue is getting information to prevent a future attack.

Question 23

In a trial before a military commission created in the wake of 9/11, an accused does not have the presumption of innocence.

Question 24

Concerning the law of interrogating terrorist suspects:

A) it is clear that the U.S. Constitution requires terrorist suspects be treated the same as criminal suspects.
B) the definition of what constitutes torture is clear.
C) there is no clear definition of torture or what violates the Constitution.
D) there is consensus that torture is legal when interrogating persons suspects of
Planning terrorist acts on American soil.

Question 25

Sneak and peek searches were first created by the Patriot Act.

Question 26

In order to be considered a "deportable alien", a person must:

A) must admit to his or her deportability when questioned by officials
B) must have been found deportable by an immigration judge
C) must refuse to cooperate with officials
D) must admit to his or her deportability when questioned by officials or been found
Deportable by an immigration judge

Question 27

The Military Order of November 13, 2001:

A) allows the secretary of defense to detain noncitizens who there is reason to believe was a member of al Qaida.
B) allows the secretary of defense to detain American citizens who are suspected of being members of al Qaida.
C) authorizes the use of military force against individuals suspected of being involved in the 9/11 attack on the U.S.
D) allows federal law enforcement agencies to arrest suspected terrorists.

Question 28

Suspected terrorists:
I) can be tried for ordinary crimes in Article III courts.
II) can never be tried for ordinary crimes.
III) can be tried for war crimes in military tribunals.
IV) can be tried for violating the Uniform Code of Military Justice.

A) I, III
B) II
C) II, III
D) IV

Question 29

The balance during emergency times tips toward the protection of individual liberty.

Question 30

The jurisdiction of military commissions applies only to noncitizens.

Question 31

In U.S. v. Martinez-Fuerte (1976), the Supreme Court held:

A) police can constitutionally stop a vehicle at a fixed check point for brief questioning of the occupants even though they have no reason to believe the vehicle contains illegal aliens.
B) it violates the Fourth Amendment for police to stop vehicles at a fixed checkpoint without reasonable suspicion that the vehicle contains illegal aliens.
C) the Fourth Amendment requires that police have probable cause to believe a vehicle contains illegal aliens before they can stop it at a fixed checkpoint.
D) it is constitutional for police to stop a vehicle at a fixed checkpoint and they can search the entire vehicle and its occupants without reasonable suspicion or probable cause.

Question 32

In a sneak-and-peek search warrant:

A) law enforcement officials first serve the warrant on the occupants but conduct the actual search while the occupants are not present.
B) law enforcement officials seek a search warrant after they first conduct a warrantless search of the premises in order to look around.
C) because of the danger involved, officers get a special warrant that allows them to sneak into the place to be searched without first knocking on the door to serve the warrant.
D) allow officers to enter a privately owned place without the owner or occupant consenting or even knowing about it.

Question 33

In the case, Rasul v. Bush (2004), the Supreme Court ruled:

A) that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the U.S. cannot petition for habeas corpus in federal courts.
B) that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the U.S. can petition for habeas corpus in federal courts.
C) that noncitizen detainees who have been declared enemy combatants must be tried in federal courts in the U.S.
D) that the right to habeas corpus is suspended during war time.

Question 34

Military commissions try military personnel for violating the Uniform Code of Military Justice.

Question 35

Sneak-and-peek warrants became part of a federal statute in:

A) the Crime Control and Safe Streets Act of 1968.
B) the Foreign Intelligence Surveillance Act of 1979.
C) the U.S. Patriot Act of 2001.
D) the Terrorist Surveillance Program.

Question 36

The U.S. Attorney General must take into custody and detain during removal proceedings any alien who has committed certain detailed criminal offenses according to the:

A) Illegal Immigration Reform and Immigrant Responsibility Act
B) Immigration Act
C) a presidential Executive Order
D) the Supreme Court's decision in U.S. v. Martinez-Fuerte

Question 37

In which document did the U.S. Congress gave the President the authority "to use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" on 9/11/2001?

A) The Terrorist Surveillance Program
B) the Authorization for Use of Military Force
C) the Military Order of November 13, 2001
D) the Presidential Proclamation 7463

Question 38

In Demore v. Kim (2003), the Supreme Court ruled that:

A) mandatory detention for aliens who have been convicted of certain crimes pending removal proceedings is not unconstitutional, even if the alien is a lawful permanent resident
B) mandatory detention for criminal aliens is unconstitutional
C) mandatory detention for criminal aliens is not unconstitutional as long as the alien was not admitted lawfully into the U.S.
D) the Immigration and Nationality Act requires immigration judges to exercise their discretion in deciding if a criminal alien should be detained pending removal proceedings

Question 39

In the case Hamdi v. Rumsfield (2004), in which Hamdi, an American citizen, was declared an enemy combatant and detained without formal charges or proceedings, the Supreme Court ruled:

A) that the government was not required to provide him any rights normally given to citizens facing criminal charges.
B) the government has complete discretion to use whatever procedures are necessary in situations involving enemy combatants, even those who are U.S. citizens.
C) because he is a U.S. citizen, Hamdi is entitled to all of the rights provided to persons facing criminal charges.
D) as a citizen who is detained as an enemy combatant, he must receive notice of the reasons for this classification and a fair opportunity to rebut the government's assertions before a neutral decision maker.

Question 40

A military commission is composed of:

A) a panel of civilian judges who decide war crime cases.
B) a panel of civilian judges and military officers who decide war crime cases.
C) a panel of military officers who decide war crime cases.
D) a panel of military officers who decide violations of the Uniform Code of Military
Justice.

Question 41

Arizona's Immigration Law signed in 2010, requires police officers who, in the course of a traffic stop or other law enforcement action, have reasonable suspicion the person entered the U.S. illegally to verify the person's immigration status.

Question 42

The Patriot Act significantly expanded government surveillance power
beyond the Crime Control and Safe Streets Act.

Question 43

Sneak and peek warrants are a variation of no-knock entries.

Question 44

The ________________________ Act of 1968 puts a general ban on the interception of wire, oral, or electronic communication while they are taking place.

Question 45

Ordinary federal courts are also known as _________________.

Question 46

The Authorization for Use of Military Force of 2001 was issued by President Bush as a presidential proclamation.

Question 47

It has been is the national policy of the U.S. for many years to limit immigration into the country.

Question 48

Devices used to record outgoing telephone numbers for a particular telephone are _______________.

Question 49

The ___________________ captures a record of all telephone numbers from a subscriber's phone, using pen registers and trap and trace devices.

Question 50

Panels made up of military officers to try U. S. military personnel for violations of the Uniform Code of Military Justice are _________________________ .

Question 51

The Supreme Court has ruled that stopping travelers at fixed checkpoints for brief questioning about their citizenship or immigration status is constitutional.

Question 52

A panel of military officers with authority to try enemy combatants for war crimes is a/an ____________________.

Question 53

Suspected terrorists can be tried in two kinds of proceedings: ordinary courts or _________________.

Question 54

Acts committed during wartime that inflict needless suffering and damage when pursuing a military objective are ____________.

Question 55

The Crime Control and Safe Streets Act placed an absolute ban on the interception of all wire, oral, or electronic communications while there taking place.

Question 56

In Demore v. Kim, the Supreme Court ruled that mandatory detention for criminal aliens pending removal proceedings always violates due process.

Question 57

The Patriot Act expanded the permitted use of pen registers.

Question 58

Information gathering about the enemy is called ________________.

Question 59

Waging the Cold War required greater dependence on intelligence gathering.

Question 60

Searches of private places without the occupants' consent or knowledge are __________.

Question 61

What were "sneak-and-peek" searches originally used for, and how has their legal status and definition changed since 9/11? Describe the three conditions under which the Patriot Act authorizes judges to issue sneak-and-peek warrants.

Question 62

Identify the sources of authority for the Military Order of November 13, 2001, and describe the jurisdiction of military commissions created by the order.

Question 63

How, if at all, has the Patriot Act modified this balance?

Question 64

Identify and describe the significance of the three sources that have affected the balance between security and rights in the detention of terrorist suspects since 9/11.

Question 65

Identify and describe the three tiers of the surveillance system designed to balance government power and individual privacy. Include in your description both government powers and the limits on that power in each tier.