Kanovitz: Manual site for Constitutional Law, 13th Edition
Chapter 05: Laws Governing Police Surveillance
Multiple Choice
1. In this decision, the Supreme Court overruled Olmstead v. United States:
a. Terry v. Ohio
b. Payton v. United States
c. Hoffa v. United States
d. Katz v. United States
2. The Hoffa doctrine asserts the following:
a. a wiretap order is required in order to tap a phone line
b. police are not authorized to use x-ray equipment in all locations
c. people are not protected when they wrongly believe that voluntarily disclosed
information will not be revealed
d. a warrant is needed for a “sniff test”
3. Video surveillance that produces a soundtrack requires:
a. compliance with the Fourth Amendment
b. compliance with FISA
c. compliance with the Wiretap Act
d. both a & c
4. The Wiretap Act protects the following type of communications:
a. oral communications that are uttered with the expectation of privacy under
circumstances justifying that expectation
b. tone only paging devices
c. overhearing cell phone conversations conducted in public
d. all of the above
5. All of the following are procedural requirements for a wiretap order except for:
a. proof that traditional investigative techniques have been tried and failed
b. limits the duration of a wiretap to fifteen days
c. approval from a high-ranking official within the Justice Department
d. probable cause for a serious crime such as espionage, kidnapping, or murder
6. A wiretap order is a specialized form of a:
a. search warrant
b. arrest warrant
5-2
c. Terry stop
d. none of the above
7. Stored e-mail, voice mail, and text messages are covered under the:
a. Wiretap Act
b. Mann Act
c. Electronic Communications Privacy Act
d. none of the above
8. A pen register is used to:
a. track e-mail messages
b. identify the source and destination of phone calls
c. intercept phone calls
d. none of the above
9. The Foreign Intelligence Surveillance Act (FISA) establishes statutory guidelines to
conduct electronic surveillance:
a. of U.S. citizens outside the United States for the purposes of gathering foreign
intelligence
b. inside the United States for the purposes of gathering foreign intelligence
c. of foreign powers operating outside the United States
d. both a & b
10. The following Bush Administration policy sparked controversy and led to the
revision of FISA:
a. Foreign Intelligence Surveillance Court
b. Mission Accomplished
c. Terrorist Surveillance Program
d. Hoffa Doctrine
11. In which of the following situations is a search warrant necessary?
a. To attach a tracking device to the undercarriage of the suspect’s car vehicle while
it is parked on a public street and use the device to track the suspect’s public
comings and goings.
b. To videotape a drug deal in a suspect’s home by equipping an informer with a
concealed video camera.
c. To walk a drug-detection dog down a motel corridor and perform a sniff at every
door.
d. None of the above.
12. In which of the following situations is a search warrant required?
a. To use a telescope to peer through the suspect’s widow and view marijuana plants
growing inside his home while standing in an open field.
b. To fly a helicopter over the suspect’s backyard, which is shielded from
ground-level view by a high fence, and take pictures of his marijuana garden.
c. To aim a thermal-imaging device at a suspect’s home from a vantage point
outside the curtilage to detect heat distribution patterns inside the home.
d. All of them.
True/ False
13. In Olmstead v. United States, the Supreme Court ruled that wiretapping was
considered a search.
a. True
b. False
14. After Katz v. United States, the Fourth Amendment has been understood to protect
people, not places.
a. True
b. False
15. Even if an officer is lawfully present, things detected with the officer’s natural senses
are still considered a search.
a. True
b. False
16. In United States v. Place, the Supreme Court ruled that suspects have no legitimate
expectation of privacy in contraband and have no right to object to the use of devices
that expose only its presence.
a. True
b. False
17. Police may use thermal image devices to search for marijuana growing operations in
private homes without a warrant.
a. True
b. False