ch 15
CALEA was passed as a result of concerns about the internet.
F
Currently, federal and local agents can monitor cell phone calls without a warrant.
F
Federal laws clearly define the role of local law enforcement agencies in the war on terrorism.
F
Katz v. United States was the case that changed the reasonableness of a search to cover whether the search violates a reasonable expectation of privacy at private locations.
F
Kyllo v. United States held that using a technological device to explore details of a home that would have been unknowable without physical intrusion is not a search and therefore does not need a search warrant.
F
Responses to terrorism and national security are primarily the responsibility of state government.
F
The Court has held that using a technological device to explore details of a home that would have been unknowable without physical intrusion is not a search.
F
The Department of Homeland Security law brings together thirty federal agencies
F
The Fourth Amendment does require that the police obtain judicial authorization before using pen registers, which record the numbers dialed from a particular telephone.
F
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 forbids law enforcement officers from tapping or intercepting wire communications or using electronic devices to intercept private conversations, no exceptions.
F
A GPS installation in a private motor vehicle without a warrant violates the Fourth Amendment.
T
A responsibility of the Department of Homeland Security is to create a unified and integrated Department
T
Electronic surveillance laws are difficult to keep up with because they are complex and always lag behind technological changes.
T
Four federal laws govern electronic surveillance.
T
In Boumedienne v. Bush, the Court held that the provision of the Military Commissions Act of 2006 that denied prisoners at Guantanamo Bay the right to habeas corpus was unconstitutional.
T
In contrast to electronic surveillance, the war on terror is recent and not the main task of policing.
T
One of the responsibilities of the Department of Homeland Security is to ensure resilience to disasters.
T
Recent anti-terrorist legislation curtails the rights of suspects by classifying them as enemy combatants.
T
Some kinds of electronic devices intercept communication.
T
Terrorism and electronic surveillance are closely related topics.
T
Terrorism is "the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population or any segment thereof, in the furtherance of political or social objectives."
T
The Court has held that attaching a GPS device to a motor vehicle and using that device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
T
The Electronic Communications and Privacy Act amends and supplements the provisions of Title III the Omnibus Crime Control and Safe Streets Act of 1968.
T
The Fourth Amendment does not require that the police obtain judicial authorization before using pen registers.
T
The first major case on the old concept of electronic surveillance was Olmstead v. United States.
T
The purpose of the Communications Assistance for Law Enforcement Act is to make clear a telecommunications carrier's duty to cooperate in the interception of communications for law enforcement purposes.
T
The role of police officers in the fight against terrorism is well defined.
T
The use of a beeper to keep track of a person traveling on public roads does not constitute a search.
T
There are differences in the old and the new concepts on the constitutionality of electronic surveillance.
T
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is better known as the wiretap law.
T
16. Prisoners in Guantanamo Bay, Cuba, have a
a. "constitutional right to go to federal court to challenge their continued detention."
23. Which of the following laws involve electronic surveillance?
a. FISA
3. In which of the following cases did the Court hold that due process requires that where a U.S. citizen is detained for allegedly fighting against the United States as an enemy combatant, that person should be given a meaningful opportunity to contest the factual basis for his detention before a neutral decision maker?
a. Hamdi v. Rumsfeld
9. The USA PATRIOT Act contains which of the following provisions?
a. allows law enforcement to use surveillance against more crimes of terror
14. With regard to the role of the local police in the fight against terrorism, the USA PATRIOT Act
a. does not clearly define the role of local police
25. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 provides that law enforcement officers nationwide can tap or intercept wire communications to intercept private conversations
a. if one of the parties has consented
12. The perception is that terrorism is mainly viewed by legislatures and policy makers as a concern for
a. national law enforcement agencies
32. The Court has held that using a technological device to explore details of a home that would have been unknowable without physical intrusion
a. requires a search warrant
19. Which of the following is not a type of electronic surveillance?
a. stakeout
5. Which of the following was not passed in an effort to curb terrorism?
b. CALEA
13. An example of federal-local law enforcement collaboration in connection with terrorism is
b. COPS
1. In which of the following cases did the Court hold that any form of electronic surveillance, including wiretapping, that violates a reasonable expectation of privacy, constitutes a search under the Fourth Amendment. No physical trespass is required?
b. Katz v. United States
38. In Katz v. United States (1967) The Court held that prohibition against unreasonable search and seizure is not limited to homes, office buildings, or other enclosed spaces. It applies even in public places where a person has a "reasonable expectation of privacy." Which of the following cases did the Court expressly overrule in this decision?
b. Olmstead v. United States (1928)
34. Which of the following electronic devices can be used legally to monitor the movements of a suspect in a public place but not in a private residence?
b. beepers
7. Which of the following is a significant provision of the current USA PATRIOT Act?
b. expands government's ability to look at records on an individual's activity being held by third parties
17. So far, the major decisions of the Court on terrorism and the war in Iraq have
b. gone against the federal government]
29. If the President authorizes electronic surveillance for the purpose of gathering foreign intelligence information, who is required to certify to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence the conditions under which the surveillance was made?
b. the Attorney General
26. Once law enforcement officials have obtained a court order to wiretap,
b. they do not have to obtain another court order to enter the premises to install the listening device
10. Which of the following is one of the stated purposes of the Department of Homeland Security?
b. to secure the homeland from terrorist attacks
21. The main difference between the old concept of electronic surveillance and the new concept of electronic surveillance involves
b. trespass
37. In what decade was the first major law on electronic surveillance passed?
c. 1960s
28. Which of the following laws sets the procedure for foreign intelligence surveillance?
c. FISA
2. In which of the following cases did the Court hold that using a technological device to explore details of a home that would have been unknowable without physical intrusion is a search and needs a warrant?
c. Kyllo v. United States
18. Electronic surveillance is the use of electronic devices to monitor a person's
c. both activities and location
11. The Department of Homeland Security plays the leading role in which of the following?
c. both in mitigating the aftermath and coordinating efforts to alleviate the impact of natural disasters
36. The USA PATRIOT Act of 2001 had what effect on the authority of federal, state, and local law enforcement agents to search and seize persons and things?
c. expanded it
35. How many federal laws govern electronic surveillance?
c. four
22. One reason Katz v. United States (1967) is significant is that it makes the Fourth Amendment protection
c. portable
31. How has the Supreme Court answered the question: Do users of cellular telephones have a "reasonable expectation of privacy?"
c. the Supreme Court has not resolved the issue
4. In which of the following cases did the Court hold that courts in the United States have the power to hear cases challenging the legality of the detention of foreign nationals captured abroad in connection with the fighting in Afghanistan and their detention in Guantanamo Bay in Cuba?
d. Rasul v. Bush
20. Electronic surveillance is regulated by which of the following?
d. all of these
40. The new training programs of the New York City Police Department are organized
d. all of these
6. The USA PATRIOT Act of 2001 gave the police extensive authority to do which of the following to suspected terrorists?
d. all of these
8. The USA PATRIOT Act expanded the surveillance power of the government in which of the following areas?
d. all of these
33. Which of the following electronic devices may be used to keep track of a person and it will not be a search?
d. beepers
15. One of the legal issues regarding terrorism is
d. determining who is an enemy combatant
39. Community Oriented Policing Services is an example of
d. federal-local law enforcement collaboration
27. In United States v. White (1971), the Court held that the Constitution allows a government agent to use an electronic device to record a telephone conversation between two parties if
d. none of these are correct
30. The Fourth Amendment does not require the police to obtain judicial authorization before using this device, but federal law requires it and sets the procedure for obtaining it.
d. pen register
24. Which of the following electronic devices record the numbers dialed from a particular telephone?
d. pen registers