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Exam 14: USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

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Question 21

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"Trap and trace" devices record conversations made on the phone after the device is installed.

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Question 22

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The President of the United States is prohibited from authorizing electronic surveillance without authorization of the Foreign Intelligence Surveillance Court.

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Question 23

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What distinction has the U. S. Supreme Court made between "pen registers" and wiretaps? What regulations did the Congress place on "pen registers" that were not mandated by U. S. Supreme Court decisions?

The Foreign Intelligence Surveillance Court of Review (FISCR) issues numerous published opinions each year, many of them restricting the use of the Foreign Intelligence Surveillance Act (FISA).

The Exclusionary Rule that is part of the Wiretap Act of 1968 states that information obtained using wiretaps that were not obtained in compliance with this Act is not admissible:

What activities does the Foreign Intelligence Surveillance Act (FISA) currently cover? Contrast FISA with the Wiretap Act.

Federal Agent Owens had conducted a 2-year investigation of a store run by Paul that was believed to be involved in money laundering for an organized crime operation. Agent Owens obtained a court order for Paul's phone records and discovered that he frequently called Ron's cell phone. Ron's personal bank records showed that Paul's store transferred $100,000 to his account by wire on the first of each month. Agent Owens has filed an application for a Wiretap Act warrant to monitor Paul's store phone. Agent Owens included a request for a roving warrant in his warrant application. It should be:

Prior to service on a bank, a National Security Letter (NSL) must include:

The maximum time period a wiretap can be authorized under the Foreign Intelligence Surveillance Act (FISA) is 90 days.

The Foreign Intelligence Surveillance Act (FISA) is the exclusive authority for intercepting telephone calls for foreign intelligence inside the United States.

Warrants to conduct physical searches under the Foreign Intelligence Surveillance Act apply to:

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith also wants to serve a National Security Letter on the travel agent used by the group.

Police must obtain a court order before installing a "pen register" because:

Officer Morris was working as an undercover narcotics officer. His team carefully planned a drug buy and obtained a voice transmitter which was taped to Officer Morris's chest. Officer Morris went to the park where he had previously observed drugs being sold. He approached Ned and, using street terms, asked to purchase one ounce of cocaine. Ned replied, "I can give you some now and the rest later." As Officer Morris was getting money out of his pocked Ned pulled out his cell phone and tried to take a picture of Officer Morris. When Officer Morris objected, Ned said, "I just want to be able to identify you when I get my new shipment." Officer Morris immediately alerted his back-up and Ned was arrested. Officer Morris grabbed Ned's phone and looked through his text messages for evidence of who was Ned's supplier. Did Ned have the right to take a picture of Officer Morris?

Federal Agent Owens had conducted a 2-year investigation of a store run by Paul that was believed to be involved in money laundering for an organized crime operation. Agent Owens obtained a court order for Paul's phone records and discovered that he frequently called Ron's cell phone. Ron's personal bank records showed that Paul's store transferred $100,000 to his account by wire on the first of each month. Agent Owens has filed an application for a Wiretap Act warrant to monitor Paul's store phone. Agent Owens applied for a court order mandating that Ron's cell phone company to provide him with all of Ron's text messages for the last year. The request should be:

The police can prohibit private persons from taking pictures of police making arrests.

Police may covertly enter a residence to install equipment authorized by the Wiretap Act:

An application for a Foreign Intelligence Surveillance Act (FISA) electronic surveillance warrant must be certified by the:

In order to obtain a warrant authorizing the use of a "pen register," the police must certify that:

Federal Agent Smith has been investigating a group believed to be agents of a foreign power involved in international terrorism. Agent Smith discovered that this group has been involved in three prior plots to smuggle weapons of mass destruction into the United States, but in each incidence their contacts failed to deliver the weapons. Agent Smith has filed several requests for court orders based on statutes that were originally part of the USA PATRIOT Act. Agent Smith also wants permission to enter the group's headquarters when it is closed and photograph documents. The request should be: