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
What distinguishes a pen register from a trap-and-trace device in electronic surveillance?
Answer: A pen register records outgoing numbers dialed; a trap-and-trace records incoming numbers
A pen register captures numbers dialed out from a phone, while a trap-and-trace captures the originating numbers of incoming calls.
Under 18 U.S.C. § 3122, what legal standard must law enforcement certify to obtain a pen/trap order?
Answer: Relevant and material to an ongoing investigation
An attorney for the government need only certify that the information likely to be obtained is relevant and material to an ongoing criminal investigation.
A DEA agent intercepts a Title III call in which a suspect unexpectedly discusses a kidnapping plot unrelated to drug trafficking. What is the correct action?
Answer: Continue monitoring and report the kidnapping information to appropriate authorities
Agents must continue monitoring under the existing order and may disclose information about imminent crimes such as kidnapping to prevent harm and to other law enforcement.
Which amendment to the U.S. Constitution forms the primary constitutional basis for electronic surveillance warrant requirements?
Answer: Fourth Amendment
The Fourth Amendment's protection against unreasonable searches and seizures provides the constitutional foundation for electronic surveillance warrant requirements.
In Katz v. United States (1967), the Supreme Court held that the Fourth Amendment protects what?
Answer: People and their reasonable expectations of privacy, not just places
Katz established that the Fourth Amendment protects people's reasonable expectations of privacy, not merely physical places or tangible items.
What is the purpose of the 'inventory notice' required by Title III after a wiretap concludes?
Answer: To notify intercepted parties that surveillance occurred so they may contest it
Title III requires that within 90 days of the order's termination, the court notify persons named in or subject to the order that interception occurred, enabling them to challenge it.
When DEA seeks to conduct roving surveillance under Title III, what additional showing must it make?
Answer: That the target changes communication devices to thwart surveillance
Roving wiretap authority requires a showing that the target changes facilities or devices to thwart interception, allowing the order to follow the person rather than a specific phone.