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 remedy does Title III provide to a defendant when law enforcement fails to properly minimize interceptions?
Answer: Suppression of the unlawfully intercepted communications
Title III's primary remedy for minimization violations is suppression of the improperly intercepted communications at trial.
When DEA agents monitor a wiretap and hear a privileged attorney-client communication, what must they do?
Answer: Immediately stop monitoring and seek court guidance on the privileged communication
Upon recognizing an attorney-client communication, agents must immediately cease monitoring and alert the court for a privilege determination before proceeding.
What is the significance of the Smith v. Maryland (1979) Supreme Court decision for DEA electronic surveillance?
Answer: It established that pen register data lacks Fourth Amendment protection because numbers are voluntarily conveyed to third parties
Smith v. Maryland held that individuals have no reasonable expectation of privacy in numbers dialed because they are voluntarily conveyed to the phone company, a third party.
A DEA wiretap order expires and agents seek a renewal. What must the renewal application include that the original application did not?
Answer: Results obtained from the prior interception period and why continued interception is necessary
Renewal applications must describe the results of interception to date and explain why continued surveillance remains necessary, demonstrating ongoing probable cause.
Under the USA PATRIOT Act, how was Title III's roving wiretap authority amended for drug and terrorism investigations?
Answer: The requirement to specify the target facility was relaxed, allowing surveillance to follow the target across devices
The PATRIOT Act relaxed the facility-specification requirement for roving wiretaps, enabling orders to follow suspects who frequently change phones or locations.
In a DEA investigation, intercepted wire communications reveal a drug trafficking conspiracy. At trial, what foundational showing must the government make before the recordings are admitted?
Answer: That the interceptions complied with the terms of the court order and Title III requirements
The government must demonstrate compliance with the court order and Title III statutory requirements, including minimization, sealing, and proper authorization.
Which agency must DEA coordinate with when conducting electronic surveillance targeting a foreign national on U.S. soil for drug trafficking linked to a foreign government?
Answer: The Foreign Intelligence Surveillance Court (FISC) via the FBI/DOJ National Security Division
When a drug trafficking target has foreign intelligence nexus, DEA coordinates with DOJ's National Security Division and may need FISA Court authorization rather than a standard Title III order.