Legal Framework & Constitutional Law Flashcards

Under the USA PATRIOT Act, Section 215 expanded FBI authority to obtain which type of records from third parties in national security investigations?

Answer: Business records and tangible things via a FISC order without notifying the target

Section 215 allowed the FBI to obtain a broad range of 'business records and tangible things' through a FISC order, often with a non-disclosure (gag) order prohibiting notification of the target.

When an FBI agent makes a warrantless entry into a home in 'hot pursuit' of a fleeing felony suspect, this is justified under which doctrine?

Answer: Hot pursuit exception to the warrant requirement

The hot pursuit exception permits warrantless entry into a private dwelling when law enforcement is in continuous pursuit of a fleeing felony suspect.

Which legal standard governs the FBI's ability to briefly detain and pat down a person based on reasonable suspicion of criminal activity?

Answer: Reasonable suspicion as established in Terry v. Ohio

Terry v. Ohio (1968) held that a brief investigatory stop and pat-down for weapons is permissible on reasonable, articulable suspicion — a lower standard than probable cause.

The Racketeer Influenced and Corrupt Organizations Act (RICO) requires the FBI to prove which key element beyond a 'pattern of racketeering activity'?

Answer: The enterprise affects interstate or foreign commerce

Under 18 U.S.C. § 1962, RICO requires proof of an enterprise that affects interstate or foreign commerce, in addition to a pattern of racketeering activity.

Which constitutional provision is the primary basis for Congress granting the FBI authority to investigate crimes that cross state lines?

Answer: The Commerce Clause of Article I, Section 8

Congress relies on the Commerce Clause to federalize crimes involving interstate activity, providing the constitutional basis for the FBI's jurisdiction over many offenses.

A 'Giglio' obligation requires FBI agents and prosecutors to disclose which category of information to the defense?

Answer: Information that could be used to impeach the credibility of government witnesses

Giglio v. United States (1972) held that the prosecution must disclose any information affecting the credibility of its witnesses, including deals, promises, or prior bad acts.

Under the 'public safety exception' established in New York v. Quarles (1984), Miranda warnings may be delayed when:

Answer: There is an immediate need to ask questions to neutralize a threat to public safety

The public safety exception allows law enforcement to ask questions necessary to address an immediate danger — such as the location of a discarded weapon — without first giving Miranda warnings.