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
Which court has jurisdiction to issue Title III wiretap orders for DEA drug investigations?
Answer: A federal district court judge or a state court judge of competent jurisdiction
Title III wiretap orders may be issued by a federal district court judge or, for state offenses, a state court judge of competent jurisdiction.
What is a 'super-sealed' wiretap affidavit, and why might DEA request it?
Answer: A court order sealing the wiretap application from defense discovery until indictment
A super-sealed affidavit is judicially ordered to remain secret from defense counsel until after indictment, protecting ongoing investigations and confidential informants.
Under what circumstances may a state prosecutor apply for a wiretap order under Title III?
Answer: When the target offense is a felony under state law and the state has enacted a conforming statute
States may authorize wiretaps under their own conforming statutes for felony state offenses, provided the state law meets Title III's minimum requirements.
How does the Electronic Communications Privacy Act (ECPA) of 1986 relate to Title III?
Answer: ECPA extended Title III's protections to electronic and stored communications
ECPA extended Title III's wiretap framework to cover electronic communications and also established separate rules for stored communications access.
In the context of DEA investigations, what is a 'line sheet' in electronic surveillance?
Answer: A daily log summarizing each intercepted call's content and investigative relevance
A line sheet is a contemporaneous summary prepared by monitoring agents documenting each intercepted communication's participants, content, and investigative pertinence.
What does the 'necessity' requirement in a Title III application demand that agents demonstrate?
Answer: That normal investigative procedures have been tried and failed, or are unlikely to succeed
The necessity requirement compels agents to explain why conventional investigative techniques are inadequate, ensuring wiretaps remain a last resort.
Which offense is NOT listed among the predicate crimes that can support a Title III wiretap application?
Answer: Tax evasion misdemeanors
Title III's predicate offense list covers serious felonies; minor tax misdemeanors are not included, though major tax fraud can qualify under certain provisions.