Criminal Procedure for the Criminal Justice Professional, International Edition, 11th Edition by John N. Ferdico - Test Bank

Criminal Procedure for the Criminal Justice Professional, International Edition, 11th Edition by John N. Ferdico – Test Bank

 

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Sample Questions Are Posted Below

 

TEST BANK

 

 

Multiple Choice

 

1. ______________ concerns the use of scientific methods toward the preservation, collection, and interpretation of digital evidence from digital sources.
   1. Forensic computer information systems
   2. Computer forensics
   3. Electronic forensics
   4. Computer science

 

ANS: B           REF: 178                     LO: 1

 

2. Which of the following is not part of the appropriate process for gathering and analyzing Electronically Stored Information (ESI) following the issuance of a warrant?
   1. Law enforcement officers need to enter the place(s) housing the devices on which data are stored.
   2. Law enforcement officers search the premises and seize the devices on which data may be stored.
   3. Law enforcement officers examine the seized devices for the data described in a warrant.
   4. The devices seized by law enforcement are examined by forensic computer specialists for data described in a warrant.

 

ANS: C           REF: 178                     LO: 2

 

3. The term ____________ is used to describe tools for hiding, destroying, or counterfeiting the information relied on by digital forensics experts.
   1. anti-forensics
   2. counter forensics
   3. computer forensics
   4. computer sciences

 

ANS: A           REF: 180                     LO: 1

 

4. Which of the following is not a limitation that some courts impose on applications for search warrants for electronically stored information?
   1. limitations during the physical search and seizure phase
   2. limitations on how forensic evidence can be used in court
   3. time limitations on forensic examination phase
   4. limitations on how forensic examination may be conducted

 

ANS: B           REF: 179                     LO: 3

 

5. In Berger v. New York (1967) the issue was the constitutionality of a New York statute that authorized electronic surveillance pursuant to a judicial warrant. In the case, the Court:
   1. validated the law because the government had probable cause and the intrusion was reasonably related to what the government official was looking for
   2. validated the law because it properly limited the nature, scope, or duration of the electronic surveillance
   3. invalidated the law because the government did not establish probable cause
   4. invalidated the law because it failed to properly limit the nature, scope, or duration of the electronic surveillance

 

ANS: D           REF: 181                     LO: 4

 

6. A transfer containing the human voice at any point between and including the point of origin and the point of reception is called ____________.
   1. aural transfer
   2. electronic communication
   3. intercept
   4. oral communication

 

ANS: A           REF: 182                     LO: 1

 

7. A ____________ allows for interception of a particular suspect’s communications wherever they are made, dispensing with the normal requirement that interceptions be limited to a fixed location.
   1. geographical wiretap
   2. roving wiretap
   3. non-specific wiretap
   4. roaming wiretap

 

ANS: B           REF: 184                     LO: 4

 

8. The Foreign Intelligence Surveillance Act (FISA) authorizes courts to conduct ___________ of surveillance materials.
   1. closed review
   2. discretionary review
   3. expedited review
   4. legislative review

 

ANS: A           REF: 201                     LO: 10

 

 

 

 

9. Which of the following is a true statement concerning time limitations on the forensic examination phase of electronically stored information?
   1. The police are only allowed 10 days to extract the evidence.
   2. The time period allowed to obtain the evidence is the same for forensic searches and more traditional searches.
   3. Law enforcement is allowed a shorter time period to obtain the evidence than normally allowed under a traditional search warrant.
   4. Law enforcement is allowed a longer time period to obtain the evidence than normally allowed under a traditional search warrant.

 

ANS: D           REF: 179                     LO: 3

 

10. The statutory-based exclusionary rule in title III:
    1. applies to wire, oral, and electronic communications
    2. applies to electronic and wire communications, but does not apply to oral communications
    3. applies to electronic and oral communications, but does not apply to wire communications
    4. applies to wire and oral communications, but does not apply to electronic communications

 

ANS: A           REF: 183                     LO: 4

 

11. Which of the following is not a true statement concerning Title III?
    1. It protects a party to a conversation even if the party has no reasonable expectation of privacy with respect to that conversation.
    2. If one party to a conversation consents to the interception of that conversation, the conversation may be used against the other party.
    3. It does not apply to the use of electronic devices such as beepers, trap-and-trace devices, and pen registers, although the installation and use of these devises is regulated by other federal laws.
    4. Judicial approval is not required to covertly enter premises to install a listening device.

 

ANS: A           REF: 182-189             LO: 4

 

 

 

 

 

 

 

 

 

 

12. In the case of Olmstead v. United States the Court decided that the practice of wiretapping was not covered by the Fourth Amendment. Which of the following was among the reasons?
    1. The person had no reasonable expectation of privacy in the home.
    2. The evidence was obtained only by hearing (and did not involve tangible items) the interception of a conversation could not qualify as a seizure.
    3. The Fourth Amendment protects people, but not places.
    4. There was no legitimate remedy for the alleged violation at the time; the exclusionary rule did not exist yet.

 

ANS: B           REF: 181                     LO: 5

 

13. ___________________ is defined as searches using wiretaps, bugs, or other devices to overhear conversation or obtain other kinds of information.
    1. Electronic surveillance
    2. Covert surveillance
    3. Covert intelligence
    4. The USA Patriot Act

 

ANS: A           REF: 181                     LO: 5

 

14. In Olmstead v. United States (1928), the Court held that wiretapping of telephone conversations:
    1. is covered by the Fourth Amendment, but does not violate the amendment.
    2. was not covered by the Fourth Amendment.
    3. is covered by the Fourth Amendment, and is a violation of the amendment.
    4. was only a partial violation of the Fourth Amendment.

 

ANS: B           REF: 181                     LO: 4

 

15. Under the exigent circumstances exception, a law enforcement officer must apply for an interception order ___________ after the interception has occurred or begins to occur.
    1. immediately
    2. within forty-eight hours
    3. as soon as practicable
    4. when prudent as deemed by the officer

 

ANS: C           REF: 187                     LO: 4

 

 

 

 

 

 

 

16. Neither Title III nor the Fourth Amendment requires law enforcement to:
    1. obtain a judicial order to intercept wire, oral, or electronic communications.
    2. obtain judicial authorization to covertly enter the premises to install a listening device.
    3. first receive administrative authorization to apply for an interception order.
    4. conduct themselves in a way that minimizes the interception of communications not subject to the interception order.

 

ANS: B           REF: 185                     LO: 5

 

17. Putting material ____________ means it is not accessible to anyone without a special court order.
    1. under lock and key
    2. on-hold
    3. under seal
    4. en todos

 

ANS: C           REF: 186-187             LO: 6

 

18. Within a reasonable time, but not later than ____ days after the termination of the period of an interception order an inventory must be served on the persons named in the order and on such other parties to intercepted communications as the judge determines in the interest of justice.
    1. twenty
    2. thirty
    3. sixty
    4. ninety

 

ANS: D           REF: 187                     LO: 7

 

19. Regarding Title III, a(n) _____________________ person means a “person who was a party to any intercepted” wire or oral communication or “a person against whom the interception was directed.”
    1. aggravated circumstance
    2. aggrieved
    3. felonious
    4. victimized

 

ANS: B           REF: 189                     LO: 4

 

 

 

 

 

 

20. When one party to a communication consents to the interception of the communication:
    1. Title III prevents the use of the communication in court against another party, but the Fourth Amendment allows use of the communication.
    2. The Fourth Amendment prevents the use of the communication in court against another party, but Title III allows use of the communication in court against another party.
    3. both the Fourth Amendment and Title III prevents use of the communication in court against another party.
    4. neither Title III nor the Fourth Amendment prevents the use of the communication in court against another party.

 

ANS: D           REF: 190                     LO: 4

 

21. Under the _________________, an employee or agent of a communications service provider may intercept and disclose communications to protect the rights or property of the provider as part of the ordinary course of business.
    1. computer trespasser exception
    2. public access exception
    3. provider exception
    4. exceptional privilege

 

ANS: C           REF: 190-191             LO: 4

 

22. Under the ________________________, victims of computer attacks by hackers may authorize law enforcement officials to intercept wire or electronic communications of a computer trespasser, if specific statutory requirements are satisfied.
    1. computer trespasser exception
    2. provider exception
    3. public access exception
    4. exceptional privilege

 

ANS: A           REF: 191                     LO: 5

 

23. A pen register ___________; whereas a trap-and-trace device ___________.
    1. records incoming addressing information (such as caller ID information); records outgoing addressing information (such as numbers dialed from a phone).
    2. records outgoing addressing information (such as numbers dialed from a phone); records incoming addressing information (such as caller ID information).
    3. intercepts communication; does not intercept communication.
    4. does not intercept communication; intercepts communication.

 

ANS: B           REF: 191                     LO: 8

24. When law enforcement officers intercept communications that relate to offenses other than those specified in the interception order, the government may use the evidence of these other crimes only if:
    1. the evidence was observed in plain view.
    2. the evidence could have been discovered through an independent source.
    3. another application is made to a court “as soon as practicable” for a determination that the interception complied with Title III requirements.
    4. the evidence is testimonial in nature.

 

ANS: C           REF: 186                     LO: 7

 

25. Title III does not apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons. This is because:
    1. Title III only covers incidental interception of communication.
    2. these devices are capable of transmitting speech.
    3. these devices are incapable of transmitting speech.
    4. intercept communications.

 

ANS: C           REF: 191-192             LO: 8

 

26. Title III specifically exempts which of the following from the warrant requirement?
    1. Buildings
    2. Cell phones
    3. Tone-only pagers
    4. Answering machines

 

ANS: C           REF: 192                     LO: 8

 

27. Prior to the passing of Title III, the United States Government utilized a “national security exception” to conduct warrantless electronic surveillance of foreign powers. In 1978, the Foreign Intelligence Surveillance Act (FISA) was passed as a result of what government abuse?
    1. Watergate scandal
    2. Organized Crime
    3. Iranian Hostage Crisis
    4. Terrorism acts of violence

 

ANS: A           REF: 197                     LO: 10

 

 

 

 

 

28. The composition of the Foreign Intelligence Surveillance Court (FISC) is determined by:
    1. the Associate Justices of the U.S. Supreme Court.
    2. the Speaker of the House.
    3. the Attorney General of the U.S.
    4. the Chief Justice of the U.S. Supreme Court.

 

ANS: D           REF: 198                     LO: 11

 

29. The __________ showing required for electronic surveillance is the same as that required by the Fourth Amendment for a search warrant.
    1. reasonable suspicion
    2. probable cause
    3. absolute cause
    4. absolute suspicion

 

ANS: B           REF: 183                     LO: 7

 

30. Before issuing an interception order, the court must find:
    1. probable cause that the person whose communication is being intercepted is, has, or is about to commit a specific crime.
    2. probable cause to believe that particular communications concerning the specific offense will be obtained through the interception.
    3. normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or reasonably appear to be too dangerous.
    4. the court must find all of these.

 

ANS: D           REF: 183                     LO: 7

 

 

True/False

 

1. Many courts have upheld requirements that forensic analysis of the computers had to be conducted within 30, 60, or 90 days of the physical search, even though traditional searches must normally be executed with 10 days of the issuance of a search warrant.

 

ANS: T            REF: 179                     LO: 3

 

2. Many courts require the government to return seized computers and data storage equipment at a particular time as a condition of issuing the warrant.

 

ANS: T            REF: 179                     LO: 3

 

3. The federal government recommends that an affidavit explain the techniques that will be used to search only for the specific files related to the investigation, and not every file on the computer.

 

ANS: T            REF: 180                     LO: 3

 

4. Although e-mail has replaced telephone communication in many spheres, it is not considered a ‘wire communication’ for Title III purposes.

 

ANS: T            REF: 194                     LO: 3

 

5. Searches and seizures concerning foreign intelligence and antiterrorism efforts are authorized and regulated by the Foreign Intelligence and Racketeering Act (FIRA).

 

ANS: F            REF: 202                     LO: 10

 

6. The Foreign Intelligence Surveillance Act does not require a showing of probable cause to believe that a crime has been or is being committed.

 

ANS: T            REF: 197-201             LO: 10

 

7. Title III applies to private searches and seizures of wire, oral, or electronic communications.

 

ANS: T            REF: 188-189             LO: 4

 

8. If a conversation takes place in public where other parties can overhear the conversation, there is no reasonable expectation of privacy. However, any recording of such a conversation would violate Title III.

 

ANS: F            REF: 190                     LO: 5

 

9. Title III does apply to the use of electronic devices emitting signals that enable law enforcement officials to track the location of objects and persons.

 

ANS: F            REF: 191-192             LO: 4

 

10. Title III does not cover video surveillance—the use of video cameras that record only images and not aural communications.

 

ANS: T            REF: 194-195             LO: 4

 

 

 

 

Fill-in-the-blank

 

1. When one party to a communication consents to the interception of the communication, neither Title III nor the Fourth Amendment prevents the use of the communication in court against another party to the communication. This is called __________________.

 

ANS: consent surveillance                 REF: 190                     LO: 5

 

2. The ______________ allows a communications service provider to intercept and disclose communications to protect the rights or property of the provider as part of the ordinary course of business.

 

ANS: provider exception                    REF: 190-191             LO: 5

 

3. The _____________________ provides that any person may intercept an electronic communication made through a system that is configured so that the communication is readily accessible to the general public.

 

ANS: accessible to the public exception REF: 191                LO: 5

 

4. The concept of ______________ concerns the use of scientific methods toward the preservation, collection, and analysis of digital sources of information.

 

ANS: computer forensics                   REF: 178-180             LO: 1

 

5. Searches conducted using wiretaps, bugs, or other devices to overhear conversations or obtain other kinds of information are referred to as __________.

 

ANS: electronic surveillance              REF: 181                     LO: 1

 

6. Because of the uniqueness of certain crimes and the need for electronic surveillance to deal with same, Congress enacted the ______________________ in part to deal with modern society’s conflicting demands for privacy and more effective law enforcement.

 

ANS: Omnibus Crime Control and Safe Streets Act of 1968, Title III

Omnibus Crime Control and Safe Streets Act of 1968

Omnibus Crime Control and Safe Streets Act

REF: 182-185             LO: 4

 

7. A(n) ___________ is defined as “…a transfer containing the human voice at any point between and including the point of origin and the point of reception.”

 

ANS: aural transfer                             REF: 182                     LO: 1

 

8. The case of _____________ ruled that a judicial order to place an eavesdropping device by law enforcement in a business or residence need not have a separate order specifically authorizing the covert entry to install the device.

 

ANS: Dalia v. United States               REF: 185                     LO: 6

 

9. Congress created a special Article III court to review FISA applications called the ______________________.

 

ANS: Foreign Intelligence Surveillance Court REF: 198-199 LO: 11

FISC

 

10. Title III provides authority for designated officials to intercept wire, oral, or electronic communications without a prior interception order if an emergency situation exists that involves immediate danger of death or serious physical injury to any person. This is referred to as the _________________.

 

ANS: exigent circumstances exception  REF: 187                LO: 5

 

 

Essay

 

1. Briefly describe how the Title III of the Omnibus Crime Control and Safe Streets Acts of 1968 originated.

 

ANS: Answers will vary.        REF: 182-185             LO: 4

 

2. Explain the difference between a pen register and a wiretap.

 

ANS: Answers will vary.        REF: 191-197             LO: 8

 

3. What is a trap and trace device?

 

ANS: Answers will vary.        REF: 191                     LO: 8

 

4. Explain the two stage process used for most searches of electronically stored information.

 

ANS: Answers will vary.        REF: 178                     LO: 2

 

5. Explain the similarities and the differences that exist between an interception order under Title III and an ordinary search warrant.

 

ANS: Answers will vary.        REF: 182-197             LO: 7

 

 

6. Briefly describe what the Foreign Intelligence Surveillance Act (FISA) is.

 

ANS: Answers will vary.        REF: 197-201             LO: 10

 

7. What is meant by sealing/putting under seal and why this is done?

 

ANS: Answers will vary.        REF: 186-187             LO: 10

 

8. Explain the conflicting demands for more effective law enforcement and individual privacy rights relevant to electronic surveillance.

 

ANS: Answers will vary.        REF: Chapter 5           LO: 5

 

9. Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC).

 

ANS: Answers will vary.        REF: 198-199             LO: 11

 

10. Assess the requirements that some courts impose on applications for search warrants for electronically stored information. Identify the limitations in place and explain the rationale of these limitations.

 

ANS: Answers will vary.        REF: 179                     LO: 5