FBI Investigation Procedures & Methods 3 — Questions and Answers
Question 1: Under the FBI's Confidential Human Source (CHS) policy, how frequently must a handling agent conduct a suitability review of an active CHS?
- Every 90 days
- Annually (Correct answer)
- Every 6 months
- Only upon opening or closing
Correct answer: Annually
FBI policy mandates annual suitability reviews to assess whether a CHS continues to meet reliability and safety standards.
Question 2: An FBI agent wants to access stored emails older than 180 days from a third-party provider. Which legal process is required under the Electronic Communications Privacy Act (ECPA)?
- Subpoena only
- Court order under 18 U.S.C. § 2703(d)
- Search warrant (Correct answer)
- Administrative subpoena
Correct answer: Search warrant
After the Sixth Circuit's Warshak decision and subsequent DOJ policy, the FBI uses a search warrant to obtain stored email content regardless of age.
Question 3: During a financial crimes investigation, the FBI identifies a suspicious transaction. Which federal agency must financial institutions notify, and what form is used?
- The FBI directly, using FD-302
- FinCEN, using a Suspicious Activity Report (SAR) (Correct answer)
- The IRS, using Form 8300
- The SEC, using Form U4
Correct answer: FinCEN, using a Suspicious Activity Report (SAR)
The Bank Secrecy Act requires financial institutions to file Suspicious Activity Reports (SARs) with FinCEN for suspicious transactions.
Question 4: What distinguishes a 'proactive' investigation from a 'reactive' investigation in FBI practice?
- Proactive investigations require a court order while reactive do not
- Proactive investigations are initiated before a crime is reported, based on intelligence; reactive investigations respond to reported crimes (Correct answer)
- Reactive investigations use undercover agents while proactive do not
- Proactive investigations are limited to counterterrorism matters
Correct answer: Proactive investigations are initiated before a crime is reported, based on intelligence; reactive investigations respond to reported crimes
Proactive investigations are intelligence-driven and anticipate criminal activity, while reactive investigations respond to crimes that have already been committed or reported.
Question 5: When executing a search warrant at a business during operating hours, FBI agents should FIRST:
- Secure all employees in a single room immediately
- Announce their presence, display the warrant, and identify the person in charge (Correct answer)
- Begin seizing all computers and digital media
- Seal the premises and deny entry to all personnel
Correct answer: Announce their presence, display the warrant, and identify the person in charge
Federal rules require agents to knock and announce, identify themselves, and present the warrant to minimize disruption and protect legal admissibility.
Question 6: An undercover FBI agent is offered narcotics by a target. Accepting the drugs for evidence purposes requires prior authorization from:
- The local police department
- An Assistant United States Attorney only
- FBI supervisory approval in accordance with the Undercover Operations Review Committee guidelines (Correct answer)
- A sitting federal judge
Correct answer: FBI supervisory approval in accordance with the Undercover Operations Review Committee guidelines
FBI undercover operations involving illegal activity such as accepting contraband require supervisory approval under established guidelines to ensure legality and safety.
Question 7: Chain of custody documentation for physical evidence is critical primarily because:
- It satisfies the FBI's internal filing requirements
- It establishes the integrity of evidence and prevents successful challenges to admissibility at trial (Correct answer)
- It allows evidence to be shared with foreign law enforcement
- It is required before the crime lab will accept any submission
Correct answer: It establishes the integrity of evidence and prevents successful challenges to admissibility at trial
An unbroken chain of custody demonstrates that evidence has not been tampered with or contaminated, which is essential for admissibility in court.
FBI Investigation Procedures & Methods 3
Under the FBI's Confidential Human Source (CHS) policy, how frequently must a handling agent conduct a suitability review of an active CHS?