Deck 14: USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Question 1

The President of the United States is prohibited from authorizing electronic surveillance without authorization of the Foreign Intelligence Surveillance Court.

Answer 1

False

Question 2

The maximum time period a wiretap can be authorized under the Foreign Intelligence Surveillance Act (FISA) is 90 days.

Answer 2

False

Question 3

"Roving" warrants can be issued under the Wiretap Act that are not restricted to one specific phone.

Answer 3

True

Question 4

If a cell phone is found during a search incident to arrest, the police must obtain a search warrant before looking at its text messages.

Question 5

A Foreign Intelligence Surveillance Act (FISA) warrant can authorize seizure of physical items.

Question 6

The Wiretap Act of 1968 was repealed by the USA PATRIOT Act.

Question 7

The police do NOT need to obtain a warrant before equipping an undercover officer with a "body wire" that transmits conversations to a back-up team.

Question 8

Secrets revealed to the police by a suspect's confidant are admissible under the Misplaced Reliance Doctrine.

Question 9

"Trap and trace" devices record conversations made on the phone after the device is installed.

Question 10

The police can prohibit private persons from taking pictures of police making arrests.

Question 11

The Wiretap Act of 1968 can only be used to issue warrants for installing wiretaps.

Question 12

The police must obtain a wiretap warrant before "planting" a person in a location so the person can record a suspect's conversations and then give the recordings to the police.

Question 13

A stronger showing of probable cause is needed for a Wiretap Act warrant than for an ordinary search warrant.

Question 14

Installing a GPS tracking device on the outside of a car in order to determine where it has traveled without keeping it under visual surveillance violates the driver's reasonable expectation of privacy.

Question 15

Most of the crimes currently listed in the Wiretap Act were added by the USA PATRIOT Act.

Question 16

. If federal agents want to extend the length of time they can operate a wiretap authorized under the Wiretap Act of 1968, all they need to do is submit an affidavit stating that valuable information has been obtained by using the wiretap.

Question 17

The Foreign Intelligence Surveillance Court of Review (FISCR) issues numerous published opinions each year, many of them restricting the use of the Foreign Intelligence Surveillance Act (FISA).

Question 18

A National Security Letter (NSL) is a search warrant, signed by a judge, that allow federal investigators to obtain personal records such as those that banks keep on their customer's expenditures.

Question 19

The Foreign Intelligence Surveillance Act (FISA) is the exclusive authority for intercepting telephone calls for foreign intelligence inside the United States.

Question 20

A wiretap initiated under the emergency provisions of the Wiretap Act is retroactive if an electronic surveillance warrant is obtained within 48 hours.

Question 21

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

A) a statement by a federal investigator that information is sought for foreign counter intelligence purposes.
B) approval by the federal investigator's supervisor.
C) approval by a federal judge.
D) All of these are required

Question 22

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

A) without any form of judicial approval.
B) only if a warrant has been issued under the Wiretap Act or equivalent state law.
C) only if a warrant has been issued under the Foreign Intelligence Surveillance Act (FISA).
D) only if a warrant has been issued under the USA PATRIOT Act.

Question 23

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

A) 30 days
B) 60 days
C) 90 days
D) 90 days unless a statutory exception applies

Question 24

Police must obtain a court order before installing a "pen register" because:

A) U.S. Supreme Court ruled that "pen registers" fall under the requirements of the Wiretap Act of 1968.
B) U.S. Supreme Court ruled that "pen registers" invade the reasonable expectation of privacy.
C) Congress passed laws requiring a court order be obtained before using a "pen register."
D) "pen registers" are illegal in the United States and can never be used by police.

Question 25

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

A) citizens of the United States.
B) citizens of the United States and lawfully admitted permanent residents.
C) citizens of the United States and corporations registered in the United States.
D) anyone legally in the United States.

Question 26

The Foreign Intelligence Surveillance Act (FISA) of 1978, as amended by the USA PATRIOT Act, provides the framework for obtaining electronic surveillance warrants for:

A) use of electronic surveillance inside the United States for foreign intelligence
B) investigation of criminal activity by foreign countries and their citizens .
C) gathering intelligence on activities of foreign countries outside the United States.
D) all of these are all correct

Question 27

The USA PATRIOT Act expanded the Wiretap Act of 1968 to include warrants for the seizure of:

A) voicemail stored on telephone company equipment.
B) records stored by Internet providers.
C) credit card numbers used to pay for telephone service.
D) all of these are all correct

Question 28

An application for a Foreign Intelligence Surveillance Act (FISA) electronic surveillance warrant must be certified by the:

A) Assistant to the President for National Security Affairs
B) Secretary of State
C) Secretary of Defense
D) All of these must certify the application

Question 29

If a FBI agent wants to obtain a warrant under the Wiretap Act of 1968, who must review the application before it is given to the judge?

A) Director of the FBI
B) Senior member of U S Attorney General's staff specifically designated by the Attorney General
C) Vice President of United States
D) National Security Advisor

Question 30

The maximum length of time a warrant can be issued (without renewal) under the Wiretap Act of 1968 is:

A) 3 days
B) 10 days
C) 30 days
D) 90 days

Question 31

Police must obtain an electronic surveillance warrant:

A) whenever any form of electronic listening or recording devices are used.
B) only if the electronic monitoring violates a reasonable expectation of privacy.
C) only if a physical trespass is involved .
D) only if a private telephone line is tapped.

Question 32

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

A) under no circumstances.
B) only if explicitly authorized in the Wiretap Act warrant.
C) only if the officers obtained a search warrant to enter the residence.
D) whenever there is a valid Wiretap Act warrant.

Question 33

In order to obtain a warrant authorizing the use of a "pen register," the police must certify that:

A) information likely to be obtained is relevant in an ongoing criminal investigation.
B) if they use ordinary investigative techniques they will not be able to discover information needed in the investigation.
C) the phone line the device will be attached to belongs to an international crime ring.
D) All of these are necessary to obtain an authorization for a "pen register."

Question 34

Warrants to conduct physical searches under the Foreign Intelligence Surveillance Act apply to:

A) physically seizing documents.
B) reproducing documents.
C) alternation of information.
D) All of these can be authorized

Question 35

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

A) investigations done by federal law agencies investigating crimes listed in the Wiretap Act.
B) investigations conducted by all federal agencies.
C) investigations conducted by local agencies in all 50 states.
D) investigations conducted by federal, state and local agencies.

Question 36

Under the provisions of the Wiretap Act of 1968 that allow wiretaps to be started in emergency situations without court approval, the wiretap warrant must be obtained within:

A) 24 hours
B) 48 hours
C) 72 hours
D) 96 hours

Question 37

The Exclusionary Rule that is part of the Wiretap Act of 1968 states that information obtained using wiretaps that were not obtained in compliance with this Act is not admissible:

A) in criminal trials.
B) during Grand Jury hearings.
C) before any government agency.
D) in any hearing, trial or other proceeding.

Question 38

Obtaining stored email and text messages from long-term storage by an Internet provider requires:

A) a subpoena.
B) a search warrant.
C) a Wiretap Act warrant,
D) a FISA warrant.

Question 39

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

A) only for people who are named in the Wiretap Act warrant.
B) for people named in the Wiretap Act warrant and conversations with people the officers had no reason to believe were involved in criminal activity when the warrant was obtained.
C) for all people involved in the crime for which the Wiretap Act warrant was sought.
D) all conversations seized during the time period authorized by the Wiretap Act warrant.

Question 40

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

A) showing that normal investigative techniques will not work.
B) details about the crime that is being investigated.
C) specific description of the type of communications that are being sought.
D) all of these are all required

Question 41

What activities does the Foreign Intelligence Surveillance Act (FISA) currently cover? Contrast FISA with the Wiretap Act.

Question 42

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith asked for authorization to install a wiretap for 90 days. Assuming everything else in the application is done properly, it should be:

A) Granted; FISA warrants can be issued for 90 days but Wiretap warrants cannot exceed 30 days.
B) Granted; both FISA warrants and Wiretap Act warrants can be issued for 90 days.
C) Denied; neither FISA warrants nor Wiretap warrants can be issued for more than 30 days.
D) Denied; the duration of a FISA warrant is based on the data obtained during the wiretap

Question 43

Why was the Wiretap Act of 1968 enacted? What type of activities is it designed to control? What procedures did it establish?

Question 44

What distinction has the U. S. Supreme Court made between "pen registers" and wiretaps? What regulations did the Congress place on "pen registers" that were not mandated by U. S. Supreme Court decisions?

Question 45

Federal Agent Owens had conducted a 2-year investigation of a store run by Paul that was believed to be involved in money laundering for an organized crime operation. Agent Owens obtained a court order for Paul's phone records and discovered that he frequently called Ron's cell phone. Ron's personal bank records showed that Paul's store transferred $100,000 to his account by wire on the first of each month. Agent Owens has filed an application for a Wiretap Act warrant to monitor Paul's store phone. The application for the warrant should be:

A) granted because organized crime is involved.
B) granted because of the length of the investigation.
C) denied because there is no showing that other investigative techniques will not work.
D) denied because there is currently no danger to life.

Question 46

What purpose do National Security Letters (NSLs) serve? How do NSLs differ from subpoenas?

Question 47

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith also wants to serve a National Security Letter on the travel agent used by the group.

A) National Security Letter must be authorized by a judge after reviewing a complete FISA warrant application.
B) National Security Letters can be issued by any judge using the same procedures used for a search warrant.
C) National Security Letters are issued after completion of the normal paperwork for an administrative subpoena.
D) A National Security Letter can be issued as long as Agent Smith states that the information is sought for foreign counter intelligence purposes to protect against international terrorism.

Question 48

Officer Morris was working as an undercover narcotics officer. His team carefully planned a drug buy and obtained a voice transmitter which was taped to Officer Morris's chest. Officer Morris went to the park where he had previously observed drugs being sold. He approached Ned and, using street terms, asked to purchase one ounce of cocaine. Ned replied, "I can give you some now and the rest later." As Officer Morris was getting money out of his pocked Ned pulled out his cell phone and tried to take a picture of Officer Morris. When Officer Morris objected, Ned said, "I just want to be able to identify you when I get my new shipment." Officer Morris immediately alerted his back-up and Ned was arrested. Officer Morris grabbed Ned's phone and looked through his text messages for evidence of who was Ned's supplier. Did Ned have the right to take a picture of Officer Morris?

A) Yes, the Misplaced Reliance Doctrine gives the public the right to take pictures of what police do in public places.
B) Yes, cell phones with cameras are widely used so Officer Morris is assumed to know that Ned has one.
C) No, the public is not allowed to take pictures of officers involved in undercover operations because it will endanger the officer.
D) No, permission is always required before a  member of the public can photograph a police officer.

Question 49

Officer Morris was working as an undercover narcotics officer. His team carefully planned a drug buy and obtained a voice transmitter which was taped to Officer Morris's chest. Officer Morris went to the park where he had previously observed drugs being sold. He approached Ned and, using street terms, asked to purchase one ounce of cocaine. Ned replied, "I can give you some now and the rest later." As Officer Morris was getting money out of his pocked Ned pulled out his cell phone and tried to take a picture of Officer Morris. When Officer Morris objected, Ned said, "I just want to be able to identify you when I get my new shipment." Officer Morris immediately alerted his back-up and Ned was arrested. Officer Morris grabbed Ned's phone and looked through his text messages for evidence of who was Ned's supplier. Did Officer Morris need a search warrant to look at the text messages on Ned's phone?

A) Yes, a warrant is required prior to the search of any type of electronic device.
B) Yes, a cell phone is considered a closed container.
C) No, the text messages were the property of the sender not Ned.
D) No, officers are allowed to search cell phones if they are on the person or in the area under the person's immediate control at the time of the arrest.

Question 50

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith also wants permission to enter the group's headquarters when it is closed and photograph documents. The request should be:

A) granted only if the search will be done when federal agents are installing surveillance equipment at the group's headquarters.
B) Granted; FISA warrants can be issued for physical searches as well as electronic surveillance.
C) Denied; FISA only provides for warrants authorizing wiretaps and electronic surveillance devices.
D) Denied; physical searches authorized by FISA can only be conducted in foreign countries.

Question 51

Officer Morris was working as an undercover narcotics officer. His team carefully planned a drug buy and obtained a voice transmitter which was taped to Officer Morris's chest. Officer Morris went to the park where he had previously observed drugs being sold. He approached Ned and, using street terms, asked to purchase one ounce of cocaine. Ned replied, "I can give you some now and the rest later." As Officer Morris was getting money out of his pocked Ned pulled out his cell phone and tried to take a picture of Officer Morris. When Officer Morris objected, Ned said, "I just want to be able to identify you when I get my new shipment." Officer Morris immediately alerted his back-up and Ned was arrested. Officer Morris grabbed Ned's phone and looked through his text messages for evidence of who was Ned's supplier. Was a wiretap warrant required for Officer Morris to wear the voice transmitter?

A) Yes, a warrant is required if officers want to use electronic devices without notifying all parties that their conversation is being monitored.
B) Yes, a warrant is required whenever officers use electronic surveillance devices.
C) No, a warrant is not required when the Misplaced Reliance Doctrine applies.
D) No, warrants are required to record telephone conversations but not face-to-face conversations.

Question 52

Federal Agent Owens had conducted a 2-year investigation of a store run by Paul that was believed to be involved in money laundering for an organized crime operation. Agent Owens obtained a court order for Paul's phone records and discovered that he frequently called Ron's cell phone. Ron's personal bank records showed that Paul's store transferred $100,000 to his account by wire on the first of each month. Agent Owens has filed an application for a Wiretap Act warrant to monitor Paul's store phone. Agent Owens applied for a court order mandating that Ron's cell phone company to provide him with all of Ron's text messages for the last year. The request should be:

A) granted if he filed it under the procedures outlined in the Wiretap Act.
B) granted if he filed it under the procedures outlines in the Stored Communications Act.
C) denied because federal judges do not have the authority to grant orders for stored text messages.
D) denied if Agent Owens did not file a form indicating that the cell phone company is willing to comply with the order.

Question 53

Explain the Misplaced Reliance Doctrine. When can electronic devices be used under the Misplace Reliance Doctrine without obtaining an electronic surveillance warrant?

Question 54

Federal Agent Owens had conducted a 2-year investigation of a store run by Paul that was believed to be involved in money laundering for an organized crime operation. Agent Owens obtained a court order for Paul's phone records and discovered that he frequently called Ron's cell phone. Ron's personal bank records showed that Paul's store transferred $100,000 to his account by wire on the first of each month. Agent Owens has filed an application for a Wiretap Act warrant to monitor Paul's store phone. Agent Owens included a request for a roving warrant in his warrant application. It should be:

A) granted because all warrants under the Wiretap Act include roving warrants.
B) granted because Ron's cell phone is being used as part of this criminal enterprise.
C) denied because the Wiretap Act does not authorize judges to issue roving warrants.
D) denied because there is no probable cause showing that Ron uses more than one phone.

Question 55

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith wants permission to install wiretaps on phones used by the group. What court should this request be submitted to?

A) Federal District Court in the state where group has its headquarters
B) Federal District Court for the District of Columbia
C) U. S. Supreme Court
D) Foreign Intelligence Surveillance Court