FBI Investigation Procedures & Methods 2 — Questions and Answers
Question 1: During a covert surveillance operation, an FBI agent loses visual contact with a subject. What is the FIRST action the agent should take?
- Immediately abort the operation and return to the field office
- Notify the surveillance team leader and attempt to reacquire using alternate routes (Correct answer)
- Contact local law enforcement for assistance
- Set up a static post at the subject's known residence
Correct answer: Notify the surveillance team leader and attempt to reacquire using alternate routes
Losing visual contact requires immediate notification to the team leader so the team can coordinate reacquisition without compromising the operation.
Question 2: Which legal standard must the FBI meet to obtain a Title III wiretap order for intercepting wire communications?
- Reasonable suspicion
- Preponderance of evidence
- Probable cause that a crime is being committed and normal investigative techniques have failed (Correct answer)
- Clear and convincing evidence
Correct answer: Probable cause that a crime is being committed and normal investigative techniques have failed
Title III of the Omnibus Crime Control Act requires probable cause plus a showing that other investigative methods are inadequate.
Question 3: An FBI field agent discovers evidence of a crime outside the scope of an authorized search warrant. What doctrine governs whether this evidence is admissible?
- Fruit of the poisonous tree
- Plain view doctrine (Correct answer)
- Good faith exception
- Inevitable discovery doctrine
Correct answer: Plain view doctrine
The plain view doctrine allows seizure of evidence not listed in a warrant if an officer is lawfully present and the incriminating nature is immediately apparent.
Question 4: When conducting a consensual monitoring operation, the FBI agent must ensure the consenting party is:
- A paid confidential informant only
- A law enforcement officer acting undercover
- One party to the communication who has given voluntary consent (Correct answer)
- Approved by a federal judge prior to the monitoring
Correct answer: One party to the communication who has given voluntary consent
Federal law permits one-party consent monitoring when one participant in the communication voluntarily agrees to the recording.
Question 5: In FBI investigative practice, what is the primary purpose of a lead sheet (FD-302 lead)?
- To document witness testimony verbatim
- To assign and track specific investigative tasks to agents (Correct answer)
- To submit evidence for laboratory analysis
- To formally charge a suspect with a federal crime
Correct answer: To assign and track specific investigative tasks to agents
Lead sheets direct agents to conduct specific tasks and ensure accountability and tracking of all investigative actions.
Question 6: An FBI agent interviews a witness who is also a potential suspect. When must Miranda warnings be administered?
- Before any questioning of a person connected to a crime
- Only when the person is in custody and subject to interrogation (Correct answer)
- Whenever a federal agent asks questions
- Only after a formal arrest warrant is issued
Correct answer: Only when the person is in custody and subject to interrogation
Miranda warnings are required only when a person is in custody (not free to leave) and is being interrogated by law enforcement.
Question 7: Which investigative technique is MOST appropriate when the FBI needs to identify unknown associates of a suspect without alerting the suspect?
- Trash cover (trash search) (Correct answer)
- Grand jury subpoena served directly on the suspect
- Overt interview of known associates
- Press release requesting public tips
Correct answer: Trash cover (trash search)
A trash cover allows agents to retrieve discarded materials from a suspect's trash, which has no reasonable expectation of privacy, without tipping off the subject.
FBI Investigation Procedures & Methods 2
During a covert surveillance operation, an FBI agent loses visual contact with a subject.
What is the FIRST action the agent should take?