True / False
1. Child pornography web sites generate more than $3 billion annually of illegal money.
a.
True
b.
False
True
Obtaining Evidence from Computers
CEPC.GARD.16.15.1
2. The Fourth Amendment requires that warrants be based on reasonable suspicion.
a.
True
b.
False
3. Even if police do not have a warrant, they can still search a computer or any location if they have consent
from a person in authority.
a.
True
b.
False
True
Obtaining Evidence from Computers
CEPC.GARD.16.15.1
4. Computers owned by the government and used by government employees have less Fourth Amendment
protection than computers in homes.
a.
True
b.
False
True
CEPC.GARD.16.15.1
5. A search warrant must be issued by a neutral and detached judge or magistrate.
a.
True
b.
False
True
CEPC.GARD.16.15.2
6. The Fourth Amendment requires that warrants be executed during the nighttime.
a.
True
b.
False
False
CEPC.GARD.16.15.2
7. Wiretapping and electronic eavesdropping are not covered by the Fourth Amendment.
a.
True
b.
False
False
Search Warrants
CEPC.GARD.16.15.3
8. Use of a thermal imaging device to investigate a home constitutes a search under the Fourth Amendment.
a.
True
b.
False
True
Wiretapping and Electronic Surveillance
CEPC.GARD.16.15.2
9. The USA PATRIOT Act modified prior law on electronic eavesdropping.
a.
True
b.
False
True
Wiretapping and Electronic Surveillance
CEPC.GARD.16.15.3
10. The broadcast portion of cell phone conversations is not covered by federal law.
a.
True
b.
False
False
Techniques of Lawful Electronic Surveillance
CEPC.GARD.16.15.3
11. Government access to stored e-mails is not covered by federal law.
a.
True
b.
False
False
CEPC.GARD.16.15.2
12. Federal law authorizes the use of “roving wiretaps” to cover suspects who use a series of different
telephones.
a.
True
b.
False
True
CEPC.GARD.16.15.2
13. Federal law allows secret taping of conversations as long as one of the parties to the conversation consents.
a.
True
b.
False
True
Techniques of Lawful Electronic Surveillance
CEPC.GARD.16.15.2
14. In general, suspects do not have a right to privacy for their conversations that take place in police cars or
jails.
a.
True
b.
False
True
Techniques of Lawful Electronic Surveillance
CEPC.GARD.16.15.3
15. In Katz v. U.S., the Court held that interceptions of communications constituted neither a search nor a
seizure under the Fourth Amendment.
a.
True
b.
False
False
Wiretapping and Electronic Surveillance
CEPC.GARD.16.15.2
16. Confrontational telephone calls by witnesses or victims to assist the police should be conducted before
charges are filed.
a.
True
b.
False
True
Techniques of Lawful Electronic Surveillance
CEPC.GARD.16.15.2
17. Federal and state wiretapping and eavesdropping laws have exceptions for family members who are
monitoring other family members.
a.
True
b.
False
False
Techniques of Lawful Electronic Surveillance
CEPC.GARD.16.15.2
18. Under the Fourth Amendment, drug detection dogs may not be used during routine traffic stops.
a.
True
b.
False
False
Obtaining Evidence by the Use of Dogs Trained to Indicate An Alert
CEPC.GARD.16.15.5
19. An alert by a trained drug detection dog constitutes reasonable suspicion but cannot constitute probable
cause.
a.
True
b.
False
False
Obtaining Evidence by the Use of Dogs Trained to Indicate An Alert
CEPC.GARD.16.15.5
20. Court orders for wiretapping and electronic eavesdropping are generally not required if one party to the
conversation consents.
a.
True
b.
False
True
CEPC.GARD.16.15.2
Multiple Choice
21. In general, a person’s computer has the least Fourth Amendment protection _____.
a.
if it is a government owned computer in a government workplace
b.
if the computer is used for commercial purposes
c.
if the computer is portable
d.
if the computer is used in a movable vehicle
Obtaining Evidence from Computers
CEPC.GARD.16.15.1
22. The Fourth Amendment requires that search warrants be _____.
a.
supported by reasonable suspicion
b.
based on probable cause
c.
approved by federal judges
d.
executed within three days of issuance
b
CEPC.GARD.16.15.2
23. According to AOL, queries made for information to be used in civil and criminal cases most often relate to
_____.
a.
children
b.
the elderly
c.
businesses
d.
homeowners
Obtaining Evidence from Computers
CEPC.GARD.16.15.1
24. If the government performs a search without a warrant, to justify the search, the government must show that
the search falls within one of the _____ to the warrant requirement.
a.
exceptions
b.
margins
c.
permissions
d.
inclusions
25. If police fear violence or destruction of evidence when executing a search warrant, they can request a(n)
_____ warrant.
a.
general
b.
anticipatory
c.
no-knock
d.
participatory
26. A warrant authorizing covert entry into a location to take photographs, plant listening devices, etc. (but not
to seize evidence) is called a(n) _____ warrant.
a.
general
b.
anticipatory
c.
exculpatory
d.
sneak-and-peak entry
27. In _____ v. U.S., the U.S. Supreme Court held that interception of communications without any physical
intrusion or trespass was covered by the Fourth Amendment.
a.
Gilbert
b.
Wade
c.
Almanza
d.
Katz
28. In Kyllo. v. U.S., the U.S. Supreme Court held that using a thermal imaging device to detect temperature
differentials in a home _____.
a.
was a Fourth Amendment search
b.
could be conducted only upon reasonable suspicion
c.
was a Fourth Amendment seizure
d.
was not covered by the Fourth Amendment
29. Even when it is seized in a lawful arrest, law enforcement must obtain a search warrant in order to search the
contents of _____.
a.
wallets
b.
cell phones
c.
briefcases
d.
purses
30. Much of the law of wiretapping and electronic surveillance was changed by the USA _____ Act.
a.
PATRIOT
b.
Anti-Terrorism
c.
Electronic Interceptions
d.
Communications Control
31. If officers naturally (by ear) overhear conversations in public places, _____.
a.
it violates the Fourth Amendment
b.
it violates most state and federal statutes
c.
the evidence must be suppressed
d.
the evidence is admissible
32. Most federal wiretapping and electronic eavesdropping statutes allow such interceptions without a court
order if _____.
a.
one party to the conversation consents to the interception
b.
the president or governor approves the interception
c.
family violence is involved
d.
no incriminating evidence is obtained
33. A trained drug-detection dog’s alert is generally sufficient to _____.
a.
create probable cause
b.
excuse the warrant requirement
c.
excuse the exclusionary rule
d.
prove guilt beyond a reasonable doubt
34. Use of a drug-detection dog during a routine traffic stop in a public place does not violate the Fourth
Amendment if it does not _____.
a.
require that the driver and passengers exit the vehicle
b.
is used only in known drug-trafficking areas
c.
act as the sole source of evidence of wrongdoing
d.
increase the length of the stop
35. In Alabama v. White (1990), the Court held that an anonymous tip could create a reasonable suspicion if
_____.
a.
it can be corroborated in part by police observation
b.
police obtain the informant’s phone number of the anonymous informant
c.
police record the tip
d.
the case is a felony
36. A search warrant authorizing officers to enter a home or office does not authorize the officers to search a
computer found in the premises, unless the search warrant identifies the _____ as part of the authorized search
a.
peripheral
b.
file
c.
owner
d.
computer
37. Consent to search a computer permits officers to look at computer files, but only consistent with the scope of
the _____.
a.
crime
b.
circumstances
c.
consent
d.
privacy
38. In the case of government employees, courts generally hold that the employee has no legitimate expectation
of privacy in a _____ used in that employment.
a.
computer
b.
purse
c.
locked file cabinet
d.
briefcase
39. Most child pornography websites are _____.
a.
run by hackers
b.
overseas
c.
easily disabled
d.
subject to U.S. laws
40. In _____, a woman sued her former husband and won a money award against him for recording her
telephone conversations.
a.
Draper v. Draper
b.
Rickenbaker v. Rickenbaker
c.
Heggy v. Heggy
d.
McCray v. McCray
Case 15.1
The Sheriff’s Department has information to believe that illegal automatic weapons are being hidden in a garage
on Mary Halberstam’s property. The information was obtained from a confidential informant who specified that
the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of
arming her friends against a looming government conspiracy. The Sheriff’s Department has a list of weapons
that had been reported as stolen from a local gun store and the confidential informant confirmed those were the
same weapons he had seen on Mary’s property. The informant made a sworn statement in the form of affidavit
that was presented to a judge, who issued a search warrant for “any and all illegal items” in the home and
garage of Mary, listing her proper address. The Sheriff’s Department executed a search warrant at Mary’s
home by forcing open her front door without knocking or announcing their presence and discovered the illegal
weapons that matched the inventory from the Army Depot in her home and the garage.
41. Mary challenges the search warrant as unconstitutional. She may succeed because:
a.
the evidence presented to the magistrate did not amount to probable cause.
b.
only the United States Army had authorization to investigate the case.
c.
the search warrant did not adequately describe the things to be seized.
d.
the affidavit was based on the word of a confidential informant.
42. Using a confidential informant to provide information to support a search warrant:
a.
is the equivalent of an anonymous tip and must be corroborated.
b.
requires the reputation of the confidential informant be part of the documentation supporting the
search warrant.
c.
violates the Fourth Amendment.
d.
is common and generally accepted as long as the information has some reliability.
43. Law officers must knock, identify themselves, state their purpose and await a refusal or silence before they
enter private premises on a warrant. In this case, the violation of this rule:
a.
renders the search illegal and the evidence inadmissible.
b.
must have been specifically authorized by the search warrant.
c.
is excused since the officers expected armed resistance.
d.
does not merit judicial review, even if the suspect complains.
Case 15.2
Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he
meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the
young men without being seen because of the open area and both men quickly disappear into the trees. Since
Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his
binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars
to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other
young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks
up on the two young men and overhears the buyer say, “I hope this weed is better than the last stuff you sold
me.” Officer McElroy steps out from behind a tree and arrests both men.
44. Leon challenges the use of binoculars as an invasion of his privacy. What is likely to occur next?
a.
Leon will not succeed because the illegal transaction occurred in plain view of the police officer.
b.
The arrest is invalid since, without the binoculars, Officer McElroy would not have seen sufficient
evidence of the crime to justify the arrest.
c.
Surveillance of this type will require a court order.
d.
Officer McElroy will need to show he did not have sufficient time to secure a court order to use the
binoculars.
45. Leon is also offended that his private conversations were overheard by Officer McElroy and challenges the
use of this information against him. Is he justified in doing so, and if so, why?
a.
Yes, because even the evidence of the conversation violated the reasonable expectation of privacy of
the two men according to the Fourth Amendment.
b.
Yes, because Officer McElroy can only use the evidence of what he saw, not what he heard.
c.
Maybe, because the conversation is admissible only if the other young man consents.
d.
No, because Officer McElroy was in a public park and had every right to be where he could overhear
a conversation.
Case 15.3
Jack was arrested for punching Manny at a local sporting event. Jack had been drinking and was very angry that
he was arrested for something that “was really not such a big deal.” Manny was his friend and Jack thought he
would not press charges. Unfortunately, Manny was considering pressing charges as he had to get stitches on
his face and his nose had been broken. Jack blamed Manny for “overreacting” to the incident. Manny contacted
the police when Jack started making harassing phone calls, demanding that Manny not press charges. Jack’s
wife does not approve of his behavior and records all of his phone calls, including those to Manny. The police
also ask Manny to record his calls and he records several conversations where Jack admits assaulting Manny.
46. The recordings by Jack’s wife
a.
are admissible since she is a family member of Jack.
b.
are admissible as an exception to the federal law prohibiting electronic surveillance or wiretapping.
c.
are inadmissible.
d.
are inadmissible unless used in a civil proceeding against Jack.
47. The recordings by Manny
a.
are inadmissible because the police asked him to make the recordings without a proper court order.
b.
are admissible since the police avoid the Fourth Amendment by using a civilian.
c.
are inadmissible since Jack did not consent to the recording.
d.
are admissible since Manny, one of the parties to the call, consented.
Completion
48. Electronically listening to conversations over the traditional telephone is called ____________________.
49. Warrants must be issued by a neutral and ____________________ magistrate or judge.
50. The Fourth Amendment requires that warrants be based on ____________________.
51. The Fourth Amendment requires that warrants ____________________ describe the places to be searched
or things to be seized.
52. A warrant that excuses the usual knock, announce, and wait requirements for execution is called a
_____________ warrant.
53. In U.S. v. ____________________, the U.S. Supreme Court expanded Fourth Amendment protection to
cover interception of communications.
54. In Kyllo v. U.S., the Supreme Court held that use of a thermal imaging device against a home constitutes a
____________________ under the Fourth Amendment.
55. The law of electronic surveillance was modified by the USA ____________________ Act.
56. To continue monitoring the calls of suspects who frequently change phones, federal law authorizes the use
of ____________________ wiretaps.
57. In Illinois v. ____________________, the Supreme Court allowed the use of drug dogs during routine traffic
stops.
58. A(n) ____________________ search warrant is one that will be executed at some specified future date.
59. Courts require search warrants aimed at computer ____________________ to tailor the search towards
materials likely to include the information identified in the warrant.
60. Luggage or a package may be ____________________to obtain a search warrant where probable cause
exists to believe that the package or luggage contains evidence of a crime
61. The Fourth Amendment requires that assertions of facts in the warrant application be supported by oath or
____________________.
62. The statutory exclusionary rule for unlawfully intercepted telephone conversations does not apply to
____________________.
Essay
63. What were the facts and holding of the U.S. Supreme Court in Katz v. U.S.? Why is this decision important?
64. Discuss, describe, compare, and contrast anticipatory, no-knock, and sneak-and-peak warrants. Provide
examples of each.
65. Describe four Fourth Amendment requirements for the issuance of valid search warrants. Provide examples
of each.
66. Discuss daytime and nighttime warrant executions and no-knock entries. What problems do you believe are
inherent with each? Do you agree with the courts? Why or why not?
67. Define administrative search warrants and the requirements of these types of warrants.
68. Discuss using Global Positioning Systems (GPS) in evidence collection.
69. Discuss e-mail in terms of evidence collection.
70. Discuss overheard conversations in terms of evidence collection.