DEA Electronic Surveillance Warrants 2 — Questions and Answers
Question 1: Under Title III of the Omnibus Crime Control and Safe Streets Act, what is the maximum initial duration for a wiretap order?
- 15 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
Title III wiretap orders may be issued for a period not to exceed 30 days.
Question 2: Which legal standard must law enforcement meet to obtain a Title III electronic surveillance order?
- Reasonable suspicion
- Probable cause plus necessity (Correct answer)
- Preponderance of the evidence
- Clear and convincing evidence
Correct 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.
Question 3: What does the 'minimization' requirement in Title III wiretaps obligate investigators to do?
- Limit interceptions to the shortest possible duration
- Avoid recording conversations unrelated to the target offense (Correct answer)
- Use the least intrusive surveillance technology available
- Notify the target within 30 days of interception
Correct 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.
Question 4: Which federal statute specifically governs DEA wiretap applications for drug trafficking investigations?
- 18 U.S.C. § 2510–2523 (Title III) (Correct answer)
- 21 U.S.C. § 848
- 18 U.S.C. § 1030
- 50 U.S.C. § 1801 (FISA)
Correct 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.
Question 5: Who at the Department of Justice must authorize a Title III wiretap application before it is submitted to a federal judge?
- The DEA Administrator
- A designated Assistant Attorney General or higher official (Correct answer)
- The U.S. Attorney for the relevant district
- The Director of the FBI
Correct 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.
Question 6: 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?
- It must be destroyed immediately
- It may be used if it relates to an offense enumerated in Title III (Correct answer)
- It is admissible only after a new wiretap order is obtained
- It cannot be used in any federal prosecution
Correct 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.
Question 7: After a Title III order expires without renewal, how soon must the recording be sealed?
- Immediately upon expiration (Correct answer)
- Within 24 hours
- Within 48 hours
- Within 10 days
Correct answer: Immediately upon expiration
Recordings must be sealed immediately upon expiration of the order or any extension to preserve chain of custody and admissibility.
DEA Electronic Surveillance Warrants 2
Under Title III of the Omnibus Crime Control and Safe Streets Act, what is the maximum initial duration for a wiretap order?