CST Fourth Amendment & Privacy Laws 3

Question 1

Under the one-party consent rule for recording conversations, surveillance may be conducted legally when:

Accepted Answer

At least one party to the conversation consents

Answer

Federal law and many states allow recording of a conversation when at least one party to that conversation has given consent.

Question 2

A CST is asked to install a covert audio recorder in a corporate conference room in California. Why does California law make this especially problematic?

Accepted Answer

California is an all-party (two-party) consent state for audio recording

Answer

California Penal Code §632 requires all parties to a confidential communication to consent before it may be recorded.

Question 3

The Foreign Intelligence Surveillance Act (FISA) authorizes electronic surveillance targeting:

Accepted Answer

Foreign powers and their agents for intelligence purposes

Answer

FISA establishes a separate legal framework for intelligence surveillance of foreign powers and their agents inside the United States.

Question 4

When law enforcement uses a sting ray (cell-site simulator) to locate a suspect's phone, which legal framework most directly applies?

Accepted Answer

The Pen Register Act because it captures dialing/routing information

Answer

Stingrays capture signaling/routing information rather than call content, placing them under the Pen Register Act's framework, though some courts now require warrants.

Question 5

In Carpenter v. United States (2018), the Supreme Court ruled that accessing historical cell-site location information (CSLI) requires:

Accepted Answer

A warrant supported by probable cause

Answer

Carpenter held that the third-party doctrine does not apply to historical CSLI because it reveals a detailed chronicle of a person's movements and requires a warrant.

(CST) Certified Surveillance Technician Practice Test

(CST) Certified Surveillance Technician Practice Test

CST Fourth Amendment & Privacy Laws 3