Chapter 5 Quiz

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In which of the following situations is a search warrant necessary?

to attach a tracking device to the undercarriage of the suspect’s vehicle while it is parked on a public street

to install a miniature motion-activated video camera on the suspect’s garage door

to take drug-detection dog onto the suspect’s front porch to perform a sniff

all of the above

None

A wiretap order is not necessary to tape record a conversation:

when the officer is a party to the conversation

the conversation takes place in the back seat of a squad car

the conversation is audible without any enhancement to the officer

in any of the above

None

Police need a search warrant to:

use advanced technologies to obtain information about activities inside a home that are not visible from the outside

install a video surveillance camera in the hotel room the suspect is renting while he is away

engage in long-term electronic surveillance

all of the above

None

The Wiretap Act does not protect:

conversations between the target and an informant

conversations overheard naturally

telephone calls where notice is given that they may be monitored

any of the above

None

A FISA surveillance order must be obtained to conduct electronic surveillance of the activities of:

domestic terrorist organizations

foreign powers and agents of foreign powers operating inside the United States

foreign powers and agents of foreign powers operating abroad

all of the above.

None

The use of a pen register by police:

does not require any court order of any type since the device only records numbers that have been dialed from a target phone.

requires that a police officer meet the Terry reasonable suspicion standard, but no court order is necessary

requires a court order to lawfully use such a device but does not require a traditional search warrant.

is not regulated at all by federal law or state law

None

The use of a GPS tracking device that police may attach to a motor vehicle to recored every place the vehicle travels:

requires a search warrant since the police must trespass onto the vehicle in order to affix the GPS device to the subject vehicle.

does not require a warrant since there is no expectation of privacy in a motor vehicle.

does not require any warrant since the police could just visually observe the vehicle and the GPS device simply does the same thing.

both B and C responses are correct.

None

With respect to data given to cell phone towers and recorded by cell phone service providers, as presently interpreted, the Fourth Amendment:

gives a cell phone user no expectation of privacy concerning his or her historical cell phone location data.

gives no expectation of privacy to a cell phone user because the user has transmitted the data to a third party

covers expectations of privacy when using a cell phone that includes the voice transmission as well as any related data that must be shared to make cell phones operate.

has absolutely no coverage for cell phones and there is no expectation of privacy when using the device

None

The use of a trained drug-sniffing dog" that walks around a lawfully stopped vehicle:"

constitutes a Fourth Amendment search for which reasonable suspicion” is required before allowing the dog to conduct a sniff”

requires a warrant since this procedure has been considered a Fourth Amendment search that is unreasonable in the absence of a warrant

has been determined to not constitute a Fourth Amendment search and requires no warrant or even reasonable suspicion

none of the above

None

10.

In using thermal imaging devices, the Fourth Amendment:

has been determined to apply and probable cause and a warrant are presently required to conduct such a search

has been ruled inapplicable since the thermal imaging device only measures heat escaping from a location and does not intrude into protected spaces

has been interpreted to allow such searches without any warrant since these activities are very similar to the use of drug-sniffing” dogs”

b and c are correct

None

11.

Consistent with the federal Wiretap Act, when one party to a telephone conversation consents to the police making a recording of the conversation:

such consent by one party does not allow the police to lawfully listen to the conversation since the non-consenting party still has a reasonable expectation of privacy

that consent is not valid because both parties must knowingly consent to the interception of a private phone conversation

none of the above

None

12.

Police do not need a search warrant to use to use publicly available surveillance devices like flashlights, telescopes, and surveillance cameras to enhance their ability to observe matters in the open view of the public.

TRUE

FALSE

None

13.

The secret recording of the suspect’s side of a cell phone conversation by a government agent standing next to him in a grocery line violates the Wiretap Act.

TRUE

FALSE

None

14.

Customer account records maintained by banks are not protected by the Fourth Amendment.

TRUE

FALSE

None

15.

A search warrant is required to install a surveillance camera on a utility pole in the parking lot front of the suspect’s rented storage locker, even with the storage facility owner’s consent.

TRUE

FALSE

None

16.

A traditional Fourth Amendment search warrant is necessary to install a pen/trap device on the suspect’s telephone line.

TRUE

FALSE

None

17.

E-mail messages are protected by the Wiretap Act during the first 24 hours after they are sent.

TRUE

FALSE

None

18.

Warrantless historical cell phone use and historical cell phone location records can be obtained from the suspect’s cell phone provider using the Stored Wire and Electronic Communications and Transactional Records Act.

TRUE

FALSE

None

19.

As a general rule, dog sniffs may be performed in any location where a police officer is lawfully present.[Assume no extra-long detention if a human subject is involved.]

TRUE

FALSE

None

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