DEA Electronic Surveillance Warrants 3 — Questions and Answers
Question 1: What distinguishes a pen register from a trap-and-trace device in electronic surveillance?
- A pen register captures content; a trap-and-trace captures metadata
- A pen register records outgoing numbers dialed; a trap-and-trace records incoming numbers (Correct answer)
- A pen register requires a Title III order; a trap-and-trace requires only reasonable suspicion
- A pen register is used on cell phones; a trap-and-trace is used on landlines
Correct 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.
Question 2: Under 18 U.S.C. § 3122, what legal standard must law enforcement certify to obtain a pen/trap order?
- Probable cause
- Reasonable suspicion
- Relevant and material to an ongoing investigation (Correct answer)
- Clear and convincing evidence
Correct 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.
Question 3: 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?
- Ignore it as outside the scope of the order
- Continue monitoring and report the kidnapping information to appropriate authorities (Correct answer)
- Immediately terminate the wiretap and seek a new order
- Seal the recording and obtain court approval before acting
Correct 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.
Question 4: Which amendment to the U.S. Constitution forms the primary constitutional basis for electronic surveillance warrant requirements?
- First Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment's protection against unreasonable searches and seizures provides the constitutional foundation for electronic surveillance warrant requirements.
Question 5: In Katz v. United States (1967), the Supreme Court held that the Fourth Amendment protects what?
- Only tangible physical property from government intrusion
- People and their reasonable expectations of privacy, not just places (Correct answer)
- All electronic communications regardless of context
- Only communications transmitted via wire, not radio
Correct 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.
Question 6: What is the purpose of the 'inventory notice' required by Title III after a wiretap concludes?
- To inform the court of all persons whose calls were intercepted
- To notify intercepted parties that surveillance occurred so they may contest it (Correct answer)
- To provide a log of all calls recorded to the supervising judge
- To alert the telecommunications carrier to disable the intercept
Correct 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.
Question 7: When DEA seeks to conduct roving surveillance under Title III, what additional showing must it make?
- That the target is a foreign national
- That the target changes communication devices to thwart surveillance (Correct answer)
- That traditional pen registers have already been used
- That the target is subject to a RICO indictment
Correct 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.
DEA Electronic Surveillance Warrants 3
What distinguishes a pen register from a trap-and-trace device in electronic surveillance?