Question 1

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.

Accepted Answer

The answer of The _____________________ provides that any person may...

Question 2

A transfer containing the human voice at any point between and including the point of origin and the point of reception is called ____________.

Accepted Answer

A)  aural transfer 
B)  electronic communication 
C)  intercept 
D)  oral communication

Question 3

Title III specifically exempts which of the following from the warrant requirement?

Accepted Answer

A)  Buildings 
B)  Cell phones 
C)  Tone-only pagers 
D)  Answering machines

Question 4

Which of the following is not a true statement concerning Title III?

Accepted Answer

A)  It protects a party to a conversation even if the party has no reasonable expectation of privacy with respect to that conversation. 
B)  If one party to a conversation consents to the interception of that conversation, the conversation may be used against the other party. 
C)  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. 
D)  Judicial approval is not required to covertly enter premises to install a listening device.

Question 5

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 __________________.

Accepted Answer

The answer of When one party to a communication consents...

Question 6

Explain the two stage process used for most searches of electronically stored information.

Accepted Answer

The answer of Explain the two stage process used for...

Question 7

Searches and seizures concerning foreign intelligence and antiterrorism efforts are authorized and regulated by the Foreign Intelligence and Racketeering Act (FIRA).

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

The answer of Because of the uniqueness of certain crimes...

Question 9

The composition of the Foreign Intelligence Surveillance Court (FISC)is determined by:

Accepted Answer

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.

Question 10

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:

Accepted Answer

A)  Title III only covers incidental interception of communication. 
B)  these devices are capable of transmitting speech. 
C)  these devices are incapable of transmitting speech. 
D)  intercept communications.

Question 11

Although e-mail has replaced telephone communication in many spheres,it is not considered a 'wire communication' for Title III purposes.

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

Putting material ____________ means it is not accessible to anyone without a special court order.

Accepted Answer

A)  under lock and key 
B)  on-hold 
C)  under seal 
D)  en todos

Question 14

In Olmstead v.United States (1928),the Court held that wiretapping of telephone conversations:

Accepted Answer

A)  is covered by the Fourth Amendment, but does not violate the amendment. 
B)  was not covered by the Fourth Amendment. 
C)  is covered by the Fourth Amendment, and is a violation of the amendment. 
D)  was only a partial violation of the Fourth Amendment.

Question 15

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.

Accepted Answer

A) True 
 B)False

Question 16

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.

Accepted Answer

The answer of The ______________ allows a communications service provider...

Question 17

The Foreign Intelligence Surveillance Act (FISA)authorizes courts to conduct ___________ of surveillance materials.

Accepted Answer

A)  closed review 
B)  discretionary review 
C)  expedited review 
D)  legislative review

Question 18

Which of the following is a true statement concerning time limitations on the forensic examination phase of electronically stored information?

Accepted Answer

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)  Law enforcement is allowed a longer time period to obtain the evidence than normally allowed under a traditional search warrant.

Question 19

Before issuing an interception order,the court must find:

Accepted Answer

A)  probable cause that the person whose communication is being intercepted is, has, or is about to commit a specific crime. 
B)  probable cause to believe that particular communications concerning the specific offense will be obtained through the interception. 
C)  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. 
D)  the court must find all of these.

Question 20

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.

Accepted Answer

A) True 
 B)False

Exam 5: Searches for Electronically Stored Information and Electronic Surveillance

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.

A transfer containing the human voice at any point between and including the point of origin and the point of reception is called ____________.

Title III specifically exempts which of the following from the warrant requirement?

Which of the following is not a true statement concerning Title III?

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 __________________.

Explain the two stage process used for most searches of electronically stored information.

Searches and seizures concerning foreign intelligence and antiterrorism efforts are authorized and regulated by the Foreign Intelligence and Racketeering Act (FIRA).

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.

The composition of the Foreign Intelligence Surveillance Court (FISC) is determined by:

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:

Although e-mail has replaced telephone communication in many spheres,it is not considered a 'wire communication' for Title III purposes.

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.

Putting material ____________ means it is not accessible to anyone without a special court order.

In Olmstead v.United States (1928) ,the Court held that wiretapping of telephone conversations:

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.

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.

The Foreign Intelligence Surveillance Act (FISA) authorizes courts to conduct ___________ of surveillance materials.

Which of the following is a true statement concerning time limitations on the forensic examination phase of electronically stored information?

Before issuing an interception order,the court must find:

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.