Electronic Law & Evidence-CITP Exam 4 with 100% correct answers.docx, Exams of Biology

Download Electronic Law & Evidence-CITP Exam 4 with 100% correct answers.docx and more Exams Biology in PDF only on Docsity! Electronic Law & Evidence-CITP Exam 4 with 100% correct answers Intercepting is? - answer Not at destination yet-ongoing- in flight Wire communications is? - answer Human voice Oral communication is? - answer Human voice (in person behind closed door) Electronic communication is ? - answer Text message (as it is being sent) Title 3 statue involves? - answer Non- consensual interception of wire or electronic communications Non-consensual use of devices to intercept oral communications where REP exists in real time Title 3 or consent is needed, ______ consent is all that is needed - answer 1 Real time interception requires _________ or _______ - answer Title 3 or exception Video only surveillance requires _________ considerations only - answer 4th amendment Wire/electronic communications do not require ______ for regulation - answer REP Oral communications includes ______ - answer REP Title 3 does not apply to any oral communications overheard with the _________ human ear while the listener is in a place where he or she has the right to be - answer Unaided An exception to title 3 is where at least one party has ________ to the interception - answer Consented Who may apply for a title 3? - answer Any investigative or law enforcement officer To intercept wire or oral communication, LEO must have ______ - answer PC to believe that a felony is being committed To intercept electronic communications, officers need? - answer PC that a felony is being committed Before submitting an application for a title 3 the the application should? - answer Be reviewed by the AUSA Final approval by DOJ official Assistant Attorney General needs to approve for, unless its just for a digital pager (AUSA) What must the application contain? - answer In writing, under oath, signed by USA, AUSA....also must contain: Identity of LEO, DOJ official Statement of facts/circumstances-PC to look for evidence, what crime, where, what type of communication to be intercepted Identity of the individuals committing offense What is the purpose of necessity statement? - answer The interception must be show to be necessary to the investigation of the case What is the time periods of the wiretap in the application for title 3? - answer 30 days You have 10 days to install the device if needed 30 days will either start on the day interception starts to take place or 10 days after (gives time to install device) What should be in the statement regarding previous applications ? - answer Any previous applications authorized by the official/on the same persons What are the factors in the minimization statement ? - answer Nature/complexity of the suspected crimes Number of target individuals Ambiguity of the intercepted conversations Thoroughness of the government precautions to bring about minimization Degree of judicial supervision over the surveillance practices Evidence can be _______ if government does not try to minimize - answer Suppressed (not all if some errors are made) What is request for covert entry? - answer Enter, install, remove Questions to always ask? - answer What do you want & where? Do you want live communications (intercept) or stored communications? (retrieve) Intercept factors in regards to oral communication? - answer Real time, REP in voice (no consent), use a device (either to record or enhance, eaves drop in area of REP) Intercept factors with a wire communication? - answer Real time, any voice (REP irrelevant), travels on wire Intercept factors with electronic communication? - answer Real time, any other, excludes tracking, video only, radio, pen trap & trace registers Where does identity of Leo applying go? - answer Title 3 warrant application Where does identify of DOJ authorizing official go? - answer Title 3 warrant application (oral-DOJ, wire-DOJ, Electronic - AUSA OK but DOJ policy says DOJ Where does statement of facts with particularity go? - answer Title 3 warrant application (oral-predicate offense, wire- predicate offense, electronic -fed felony) Where does necessity go? (What else have you tried that isn't working for investigation?) - answer Title 3 warrant application Where does the time period go ? (Less than 30 days, gives 10 days to install and clock starts then) - answer Title 3 warrant application Where does statement of previous applications go? - answer Title 3 warrant application Where does minimization go? - answer Title 3 warrant application Where does request for covert entry go? - answer Title 3 application Who has to sign your title 3 application? - answer District court judge (NOT USMJ) What should you consider with electronic tracking devices? (4th amendment) - answer Installation & location when tracked-need warrant What do you get from pen registers? - answer Outgoing calls What do you get from trap and trace? - answer Incoming calls What do you need in order to get either pen registers/trap & trace? - answer Court order Always ask is the data in your hard drive? - answer Probably content, warrant What question should be asked with KATZ? - answer Is there REP in area to be tracked? What question should be asked with JONES? - answer Is there trespass on someone's stuff and REP in area tracked? What question should be asked with carpenter? - answer Is there REP in amount of info gathered ? Computer forensic experts should participate in all search warrant phases such as - answer Whether pc exists to search comps, drafting the search warrant, and executing the search. Can suppress evidence without an expert If leo require support from expert make sure to include in? - answer Search warrant Questions to ask with authentication of digital evidence? - answer Altered? Author? Was it reliable? Proving authorship with digital evidence, how? - answer Where was device found? Who has access to data? Trace evidence PW/screen names/ who had access to them Names on comp files Sources of emails that contained attachments