Legal Aspects of Investigations Flashcards

Under the Federal Wiretap Act (Title III of the Omnibus Crime Control Act), intercepting a wire communication without consent generally requires:

Answer: A court order (judicial authorization)

Title III prohibits intercepting wire, oral, or electronic communications without a court order, except in specific consent-based exceptions.

The Electronic Communications Privacy Act (ECPA) primarily governs:

Answer: Government and private access to stored and transmitted electronic communications

ECPA extends government restrictions on wiretapping to electronic data transmissions and stored electronic communications.

A 'pen register' device, as defined under federal law, captures:

Answer: Outgoing phone numbers dialed from a target line

A pen register records the numbers dialed outgoing from a telephone but does not capture the content of any communication.

Under the one-party consent rule for recording conversations, a recording is lawful when:

Answer: At least one party (including the investigator) consents to the recording

Federal law and many state laws permit recording a conversation when at least one participant—including the person doing the recording—consents.

The Fair Credit Reporting Act (FCRA) is relevant to investigators primarily because it regulates:

Answer: How consumer credit and background information may be accessed and used

The FCRA governs who may access consumer reports and for what permissible purposes, directly affecting background investigations and pre-employment screening.

HIPAA's Privacy Rule most directly restricts investigators by:

Answer: Limiting access to individually identifiable health information without proper authorization

HIPAA protects individually identifiable health information (PHI) and restricts who may access or disclose it, affecting investigations involving medical records.

Under the Stored Communications Act (SCA), a law enforcement agency seeking stored email content held by an internet service provider must typically obtain:

Answer: A search warrant or court order, depending on the age of the email

The SCA requires law enforcement to obtain a search warrant for stored email content less than 180 days old, while older content may require a court order or subpoena.