Electronic Surveillance Warrants Flashcards
7 cards from real DEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Electronic Surveillance Warrants flashcards as text
Under Title III of the Omnibus Crime Control and Safe Streets Act, what is the maximum initial duration for a wiretap order?
Answer: 30 days
Title III wiretap orders may be issued for a period not to exceed 30 days.
Which legal standard must law enforcement meet to obtain a Title III electronic surveillance order?
Answer: Probable cause plus necessity
Title III requires both probable cause and a showing of necessity — that normal investigative techniques have failed or are unlikely to succeed.
What does the 'minimization' requirement in Title III wiretaps obligate investigators to do?
Answer: Avoid recording conversations unrelated to the target offense
Minimization requires agents to cease or limit interception of communications not related to criminal activity subject to the order.
Which federal statute specifically governs DEA wiretap applications for drug trafficking investigations?
Answer: 18 U.S.C. § 2510–2523 (Title III)
18 U.S.C. §§ 2510–2523, known as Title III, governs domestic law enforcement wiretap applications including those filed by DEA.
Who at the Department of Justice must authorize a Title III wiretap application before it is submitted to a federal judge?
Answer: A designated Assistant Attorney General or higher official
Title III requires prior authorization from a specially designated Assistant Attorney General (or higher) before an application is presented to a court.
If a Title III wiretap intercepts communications of a person not named in the order who is discussing drug trafficking, how may that evidence be used?
Answer: It may be used if it relates to an offense enumerated in Title III
Under Title III, incidentally intercepted communications may be disclosed and used if they relate to an enumerated predicate offense.
After a Title III order expires without renewal, how soon must the recording be sealed?
Answer: Immediately upon expiration
Recordings must be sealed immediately upon expiration of the order or any extension to preserve chain of custody and admissibility.