Criminal Procedure For The Criminal Justice Professional 12th Edition-Test Bank

Criminal Procedure for the Criminal Justice
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Sample Test
Chapter 03

1. The common law approach to applying the Fourth Amendment to

particular cases was to focus on whether _____.
a. the subjective privacy rights of the individual had been violated
b. law enforcement used force during a search and/or seizure
c. the government agent intentionally violated the constitutional protection
d. there was a physical intrusion into a constitutionally protected area

ANSWER: d
REFERENCES: Property and Privacy Inquiries for Criminal Searches and Seizures
LEARNING OBJECTIVES: CPCJ.FERD.16.3.1
KEYWORDS: Bloom’s: Understand
2. The change from viewing the Fourth Amendment as law that protected
property to a view that the law protected persons was prompted by cases
that concerned _____.
a. standing to claim the protection
b. vehicular stops and searches
c. electronic surveillance
d. public stops and pat-downs

ANSWER: c
3. The Katz v. United States (1967) case is known for establishing that the

Fourth Amendment protects _____.
a. people, not places
b. both drivers and passengers of a vehicle
c. places, but not people
d. neither people or places

ANSWER: a
4. The Katz v. United States (1967) case _____.
a. expanded Fourth Amendment protections
b. did away with the idea of “reasonable expectation of privacy”
c. broadened search to include interference with possessory interests
d. restricted the ability of defendants to argue privacy violations occurred

ANSWER: a
5. The U.S. Supreme Court has defined a “search” to occur when _____.
a. here is a meaningful interference with possessory interests in property
b. an individual has a subjective expectation of privacy and the expectation of privacy has been infringed upon
c. an individual has a subjective expectation of privacy that society considers reasonable and the privacy expecta
d. an officer collects any evidence against a person regardless of circumstance

ANSWER: c
KEYWORDS: Bloom’s: Remember
6. The police suspect that a store is illegally selling illicit drug paraphernalia.
A plain clothes detective working undercover enters the store, purchases
items, leaves the store, and comes back with a search warrant for the store
and an arrest warrant for the store’s owner. In terms of the Fourth
Amendment, the initial possession of the goods by the police _____.
a. constituted a search, but not a seizure
b. constituted both a search and seizure
c. did not constitute a search or a seizure
d. constituted a seizure, but not a search

ANSWER: c
7. Which statement about the concept of probable cause is true?

a. The concept is strikingly similar to the “preponderance of evidence” and “beyond a reasonable doubt” standar
b. Whether probable cause exists is determined by considering only the subjective perceptions of the officer(s) in
c. The concept of probable cause is a finely tuned standard that has a precise understanding among those who u
d. The concept deals with probability that evidence will be found or that the individual committed an offense.

ANSWER: d
REFERENCES: Probable Cause
KEYWORDS: Bloom’s: Remem
8. The preference that a search and/or seizure be authorized by a warrant is

based on the idea that _____.
a. judgments should be made by a neutral and detached individual
b. police are not qualified to make probable cause determinations
c. courts may force police to take action when they otherwise would not
d. prosecutors may inadvertently encourage less than honest behavior

ANSWER: a
9. An officer receives information from dispatch that another jurisdiction is

looking for a blue Ford Mustang with Louisiana license plates and a large
dent in the passenger side door. The officer spots a car fitting this
description. Which statement is true?
a. The officer does not have justification to stop the car and investigate further.
b. The officer has justification to stop the car and investigate because probable cause is based on the collective k
c. The officer has justification to stop the car and investigate because (s)he has personal knowledge of the crime.
d. The officer has justification to stop the car and investigate simply because the motor vehicle is being operated

ANSWER:
REFERENCES:
LEARNING OBJECTIVES:
KEYWORDS:
10. A patrol officer stops a car and makes an arrest on the basis of
information obtained from a bulletin that officers in another jurisdiction are
looking for the driver of a certain car that was described in the bulletin.
Assume that the information contained in the bulletin was incorrect. Which
statement would be true?
a. The arrest would still be considered valid.
b. The arresting officer is shielded from any civil liability for false arrest.
c. The arrest would still be valid and the officer is shielded from any civil liability for false arrest.
d. The arrest would not be valid and the officer is not shielded from any civil liability for false arrest.

ANSWER:
REFERENCES:
KEYWORDS:
11. Which of the following, standing alone, can serve as the basis for
probable cause?
a. flight of a person from an area
b. furtive conduct
c. false or improbable answers to questions
d. observation and evaluation of real or physical evidence

ANSWER:
REFERENCES:
KEYWORDS:
12. Which of the following, standing alone, can serve as the basis for
probable cause?
a. an admission
b. presence at a crime scene or a high crime area
c. association with other known criminals
d. past criminal conduct

ANSWER:
REFERENCES:
KEYWORDS:
13. The method of establishing probable cause through the use of an

informant’s information is often referred to as the _____.
a. informant method
b. third party method
c. indirect discovery method
d. hearsay method

ANSWER:
REFERENCES:
KEYWORDS:
14. The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969)

established a process for evaluating probable cause based on informant
information. According to this test, the informant _____.
a. need not be judged as credible
b. cannot be a criminal
c. must have a “sufficient basis” for the knowledge
d. must have personally perceived the information

ANSWER:
REFERENCES:
KEYWORDS:
15. Following the decision in Illinois v. Gates (1983), _____.

a. all states and the federal government have adopted the totality of circumstances approach
b. all states adopted totality of circumstances, but the federal government retained the Aguilar-Spinelli
c. the totality of circumstances approach was subsequently overruled
d. some states rejected the Gates decision and retained the Aguilar-Spinelli criteria on the basis of their own sta

ANSWER:
REFERENCES:
KEYWORDS:
16. A citizen contacts the local police department and alleges that a
particular person is dealing drugs out of his home. The citizen states that
(s)he thought the police should know, but that (s)he does not “want to get
involved by giving my name.” What information would the officer need to
state in the affidavit to satisfy the first prong of Aguilar-Spinelli (basis of
knowledge)?
a. The name of the high school student that purchased the drugs.
b. How, when, and where the informant obtained the information.
c. How, when, and where the drug dealer obtained the drugs that were sold.
d. The reasons to believe that the informant was providing truthful information.

ANSWER:
REFERENCES:
KEYWORDS:
17. Based on the Aguilar-Spinelli criteria, in order to establish probable

cause in a situation where informant information is secondhand, the affidavit
must _____.
a. show how the third person knows the information furnished to the informant
b. show how the third person knows the information furnished to the informant and why the information from th
c. show how the third person knows the information furnished to the informant and why the information, from b
show how the third person knows the information furnished to the informant; why the information, from both
d.
information could not be obtained using any other method

ANSWER:
REFERENCES:
KEYWORDS:
18. Some courts require additional information to establish the

veracity/truthfulness of an ordinary citizen informant if the citizen merely
provides an anonymous tip. Which issue is a primary factor, mentioned in
the text (State v. White, Ga. App. 1990), used by Georgia courts to assess
the veracity/truthfulness of an anonymous tip?
a. the testimony of the officer receiving the tip as to its credibility
b. whether the information is from a “concerned citizen”
c. whether the citizen had provided valid tips in the past
d. whether the tipster had firsthand or secondhand knowledge

ANSWER: b
KEYWORDS: Bloom’s: Understa
19. When information from a criminal informant is used, the name of the

informant _____.
a. must always be reported in the affidavit
b. may not ever be reported in the affidavit
c. need not be disclosed unless the informant information is part of an agreement with the prosecutor in a pendi
d. need not be disclosed if his or her credibility is otherwise satisfactorily established

ANSWER: d
20. What is the most effective way to assess reliability of a criminal

informant’s information?
a. the number of convictions his/her information has produced
b. the number of arrests his/her information has produced
c. the accuracy of the past information provided by the informant
d. a positive assessment from the officer who obtained the information

ANSWER:
REFERENCES:
KEYWORDS:
21. The term _____ means strengthening or confirming the information

supplied by the informant with supporting information obtained by law
enforcement officers.
a. attenuation
b. corroboration
c. discovery
d. verification

ANSWER:
REFERENCES:
KEYWORDS:
22. Reasons the U.S. Supreme Court put into effect the totality of the
circumstances test for assessing informant information based on the Illinois
v. Gates (1983) decision include _____.
a. the Aguilar-Spinelli criteria were so flexible as to be nonsensical
b. the fluidity of the concept of probable cause
c. Aguilar-Spinelli made it too easy to obtain a search warrant
d. the need decision factors that could be used is all cases

ANSWER: b

23. United States v. De Los Santos, 810 F.2d 1326 (5th Cir. 1987) illustrates
the _____.
a. near-impossibility of satisfying the totality of circumstances test
b. willingness of police to use information that has limited validity
c. limited importance of obtaining corroborating information
d. continuing validity of the Aguilar-Spinelli two- pronged test

ANSWER:
REFERENCES:
KEYWORDS:
24. Which concept is so important that it has been referred to as the

“touchstone” of the Fourth Amendment?
a. the exclusionary rule
b. privacy
c. reasonableness
d. probable cause

ANSWER: c
REFERENCES: Reasonableness

25. Which statement about the concept of reasonableness, as it applies to

Fourth Amendment inquiries, is true?
a. The term “correctness” can be substituted for “reasonableness.”
b. Reasonableness is determined on a case-by-case basis.
c. Reasonableness is conservatively construed by the courts.
d. Reasonableness is the least important consideration.

ANSWER: b
26. Select the most accurate characterization of the U.S. Supreme Court’s

current view toward the Aguilar-Spinelli two-prong criteria.
a. The criteria are a good reference point for analyzing probable cause based on informant information, but the a
b. Rigid application of the criteria is the best way to analyze probable cause based on informant information.
c. The criteria are so outdated that the case is completely useless in assessing probable cause.
d. The criteria are a good ending point of the probable cause analysis, but there are several steps that need to oc

ANSWER:
REFERENCES:
KEYWORDS:
27. The leading case on corroboration of information provided by an

informant is _____.
a. Dawson v. State (1971)
b. Spinelli v. United States (1969)
c. Aguilar v. Texas (1964)
d. Illinois v. Gates (1983)

ANSWER:
REFERENCES:
KEYWORDS:
28. After it has been determined that a person has standing to make a

Fourth Amendment claim and that a “search” or “seizure” has occurred, the
final inquiry is to find whether _____.
a. probable cause exists
b. the exclusionary rule can be invoked
c. there was a violation of privacy
d. the search or seizure was reasonable

ANSWER: d
29. Which best characterizes the concept(s) necessary for understanding

the application of Fourth Amendment?
a. privacy only
b. privacy and reasonableness, only
c. privacy and probable cause, only
d. privacy, reasonableness, and probable cause

ANSWER: d
30. A law enforcement officer’s perceptions that a crime is being committed

in his or her presence clearly provide _____ to arrest the person committing
the crime.
a. absolute suspicion
b. reasonable suspicion
c. absolute cause
d. probable cause

ANSWER: d
31. When the police obtain a handwriting or voice sample from a criminal

suspect, this action constitutes a seizure, thereby implicating the Fourth
Amendment.
a. True
b. False

ANSWER: False
KEYWORDS: Bloom’s: Define
32. A “search” occurs when an expectation of privacy that society is

prepared to recognize is infringed.
a. True
b. False

ANSWER: True
33. Warrantless police actions are presumed to be unreasonable unless

based on probable cause.
a. True
b. False

ANSWER: True
34. The U.S. Supreme Court has a strong preference that arrests and
searches be authorized by a warrant.
a. True
b. False

ANSWER: True
35. Assuming that no exception to the warrant requirement is relevant,

weaker evidence is more likely to justify the issuance of a warrant than it is
to justify a warrantless search or arrest.
a. True
b. False

ANSWER: True
36. When an officer’s experience and expertise is relevant to the probable

cause determination, the officer must be able to explain sufficiently the basis
of that opinion so that it “can be understood by the average reasonably
prudent person.”
a. True
b. False

ANSWER: True
37. The decision in Illinois v. Gates (1983) completely overruled the Aguilar-

Spinelli criteria for establishing probable cause based on informant
information .
a. True
b. False

ANSWER:
REFERENCES:
KEYWORDS:
38. Ordinary citizen informants, even when the tip is given anonymously, are
always presumed credible (trustworthy) and no further evidence of credibility
need be stated in the affidavit beyond their name and address and their
status as a victim of, or witness to, a crime.
a. True
b. False

ANSWER:
REFERENCES:
KEYWORDS:
39. A criminal informant’s credibility (veracity/truthfulness) must always be

established by a statement of underlying facts and circumstances.
a. True
b. False

ANSWER: True
40. Other Fourth Amendment considerations, such as warrants,

reasonableness, exigency, and good faith, are factors that are considered
subservient to probable cause.
a. True
b. False

ANSWER: False

41. In terms of applying the privacy right that exists under the Fourth
Amendment, the amendment is said to protect __________, not
__________.
ANSWER: people; places
42. A seizure of property occurs when there is some __________ with an

individual’s possessory interests in that property.
ANSWER: meaningful interference
43. Probable cause to search means that there is a __________ probability

that contraband or evidence of a crime will be found in a particular place.
ANSWER: fair

44. Probable cause is evaluated by examining the __________ of the police
at the time of the arrest or search, not merely the personal knowledge of the
arresting or searching officer.
ANSWER: collective knowled
KEYWORDS: Bloom’s: Analyze
45. The Gates v. Illinois (1983) decision abandoned rigid adherence to

the Aguilar-Spinelli criteria in favor of a __________ approach to
determining probable cause.
ANSWER: “totality of the circumstances”
46. A criminal informant’s ________is never presumed but must be

established, usually by demonstrating the informant’s track record of having
given accurate information in the past.
ANSWER:
REFERENCES:
KEYWORDS:

47. The elements of the __________ two-pronged test are important
considerations in determining the existence of probable cause based on
informant testimony.
ANSWER:
REFERENCES:
KEYWORDS:
48. Information on which probable cause is to be based may come to a law

enforcement officer’s attention in two possible ways: through the
__________ own perceptions or through the perceptions of a(n)
__________who relays the information.
ANSWER:
REFERENCES:
KEYWORDS:
49. Katz v. U.S. (1967) held that a person’s Fourth Amendment rights are

implicated wherever the person has an expectation of __________which
society is prepared to recognize as reasonable.
ANSWER: privacy

50. Third party information is often referred to as ________.
ANSWER:
REFERENCES:
KEYWORDS:
51. Define the concept of probable cause. Compare and contrast probable

cause relating to search and probable cause as it relates to arrest.
ANSWER: Answers will vary
52. The concept of probable cause is ultimately based on the notion of

objective expectation of privacy. This is in in contrast to subjective
expectation of privacy. Expound the difference.
53. Compare and contrast the requirements for establishing probable cause

on the basis of a citizen informant versus a criminal informant.
ANSWER: Answers will vary.
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.6
KEYWORDS: Bloom’s: Analyze | Bloom’s: Evaluate | Bloom’s: Remember
54. Compare and contrast the requirements for establishing probable cause

on the basis of an anonymous informant versus a known informant. Explore
the differences in risk for liability for providing false information.
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.6
55. Define the term “reasonableness” as it relates to the Fourth Amendment

inquiry. Explain the standards used to assess reasonableness.
56. Do you see any changes in how “privacy” was viewed before and
after Katz v. U.S. (1967)? Justify your answer.
57. Write the definition of “search”. Write the definition of “seizure”.

Demonstrate how there might be a search without a seizure and vice versa.
58. Explain the importance of corroborating information from informants.

Also, consider the distinctions between known informants, unknown
informants, criminal informants, and citizen informants. Are the distinctions in
how the law handles these different types of informants justified? Why or
why not?
CPCJ.FERD.16.3.4
CPCJ.FERD.16.3.6

59. Write a brief paragraph explaining the importance of note-taking by an
officer as the case progresses.
CPCJ.FERD.16.3.3
CPCJ.FERD.16.3.5
KEYWORDS: Bloom’s: Apply | Bloom’s: Evaluate
60. Name two indicators of criminal activity that alone support probable

cause. Compare and contrast these two indicators of criminal activity with
some other indicators that, taken alone, do not support probable cause.
ANSWER:
REFERENCES:
KEYWORDS:
Chapter_05

1. _____ concerns the use of scientific methods toward the preservation,
collection, and interpretation of digital evidence from digital sources.
a. Forensic computer information systems
b. Computer forensics
c. Electronic surveillance
d. Computer science

ANSWER: b
REFERENCES: Searches of Electronically Stored Information
2. The first phase of searches of Electronically Stored Information (ESI)

includes _____.
a. entering the place(s) housing the devices on which data are stored
b. seizing the devices on which the data may be stored as well as devices linked via networks
c. examining the seized devices for the data described in a warrant
d. providing the devices to forensic computer specialists who search for data described in a warrant

ANSWER: a
3. What term describes tools for hiding, destroying, or counterfeiting the

information relied on by digital forensics experts?
a. anti forensics
b. Trojans
c. wipes
d. back doors

ANSWER: a
4. The exacting process of computer forensic examination includes _____.

a. read protecting the device
b. connecting the computer to a network
c. imaging the hard drive
d. deconstructing the hard drive

ANSWER: c
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:
a. validated the law because the government had probable cause and the intrusion was reasonably related to wh
b. validated the law because it properly limited the nature, scope, or duration of the electronic surveillance
c. invalidated the law because the government did not establish probable cause
d. invalidated the law because it failed to properly limit the nature, scope, or duration of the electronic surveillan

ANSWER: d
REFERENCES: Electronic Surveillanc
6. The term _____ transfer refers to a transfer containing the human voice at
any point between, and including, the point of origin and the point of
reception?
a. aural
b. electronic
c. intercept
d. oral

ANSWER: a

7. A _____ wiretap 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.
a. geographical
b. roving
c. non-specific
d. roaming

ANSWER: b
8. What specific legislation authorizes courts to conduct closed reviews of

surveillance materials?
a. The Foreign Intelligence Surveillance Act (FISA)
b. Stored Communications Act (SCA)
c. Electronic communications Privacy Act (ECPA)
d. Freedom of Information Act (FOIA)

ANSWER: a
REFERENCES: Intelligence Surveillance
9. Which statement concerning time limitations on the forensic examination

phase of electronically stored information is correct?
a. The police are only allowed 10 days to extract the evidence.
b. The time period allowed to obtain the evidence is the same for forensic searches and more traditional searche
c. Law enforcement is allowed a shorter time period to obtain the evidence than normally allowed under a tradi
d. Rule 41 does not require magistrates to specify a time limit because the amount of time is unpredictable.

ANSWER: d
10. The statutory-based exclusionary rule in Title III of the Omnibus Crime

Control and Safe Streets Act of 1968 applies to _____.
a. wire, oral, and electronic communications
b. electronic and wire communications, but not oral communications
c. electronic and oral communications, but not wire communications
d. wire and oral communications, but not electronic communications

ANSWER: a
11. Title III of the Omnibus Crime Control and Safe Streets Act of 1968
_____.
a. requires authorization by a judge in the location of the tapped telephone
b. allows the issuance of interception orders for any felony offense
c. permits taps even when ordinary investigative procedures have not been exhausted
d. requires that the order be executed “as soon as practicable”

ANSWER: d
12. In the case of Olmstead v. United States, the Court decided that the
practice of wiretapping was not covered by the Fourth Amendment, primarily
because _____.
a. the person had no reasonable expectation of privacy in the home
b. the evidence was obtained only by hearing (and did not involve tangible items) so the interception of a conver
c. the Fourth Amendment protects people, but not places
d. there was no legitimate remedy for the alleged violation at the time, as the exclusionary rule did not yet exist y

ANSWER: b
KEYWORDS: Bloom’s: Evaluate
13. _____ is most accurately defined as searches using wiretaps, bugs, or

other devices to overhear conversation or obtain other kinds of information?
a. Electronic surveillance
b. Covert surveillance
c. Covert intelligence
d. Cyber surveillance

ANSWER: a
14. In Olmstead v. United States (1928), the Court held that wiretapping of

telephone conversations _____.
a. is covered by the Fourth Amendment, but does not violate it
b. was not covered by the Fourth Amendment
c. is covered by the Fourth Amendment, and is a violation of it
d. was only a partial violation of the Fourth Amendment

ANSWER: b
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.
a. immediately
b. within forty-eight hours
c. as soon as practicable
d. when prudent as deemed by the officer

ANSWER: b

16. Neither Title III of the Omnibus Crime Control and Safe Streets Act of
1968 nor the Fourth Amendment requires law enforcement to _____.
a. obtain a judicial order to intercept wire, oral, or electronic communications
b. obtain judicial authorization to covertly enter the premises to install a listening device
c. first receive administrative authorization to apply for an interception order
d. conduct themselves in a way that minimizes the interception of communications not subject to the intercepti

ANSWER: b
17. Materials that are made inaccessible to anyone without a special court

order are said to be _____.
a. under lock and key
b. on-hold
c. under seal
d. en todos

ANSWER: c

18. Within a reasonable time, but not later than _____ days after the
termination of the period of an 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.
a. twenty
b. thirty
c. sixty
d. ninety

ANSWER: d
refers to a “person who was a party to any intercepted” wire or oral
communication or “a person against whom the interception was directed” as
_____.
a. suspect
b. aggrieved
c. felonious
d. victimized

ANSWER: b
20. When one party to a communication consents to the interception of the

communication, _____.
a. Title III of the Wiretap Act prevents the use of the communication in court against another party, but the Fourth
the Fourth Amendment prevents the use of the communication in court against another party, but Title III of th
b.
another party
c. both the Fourth Amendment and Title III of the Wiretap Act prevent use of the communication in court against
d. neither Title III of the Wiretap Act nor the Fourth Amendment prevents the use of the communication in court a

ANSWER: d
21. Under the _____ exception, an employee or agent of a communications

service entity may intercept and disclose communications to protect the
rights or property of the provider as part of the ordinary course of business.
a. computer trespasser
b. public access
c. provider
d. exigent circumstances

ANSWER: c
22. Under the _____ exception, victims of computer attacks by hackers can

authorize law enforcement officials to intercept wire or electronic
communications of a computer trespasser, if specific statutory requirements
are satisfied.
a. computer trespasser
b. provider
c. public access
d. exceptional privilege

ANSWER: a

23. What is the difference between a pen register and a trap-and-trace
device?
A pen register records incoming addressing information (such as caller ID information); whereas a trap-and-trac
a.
numbers dialed from a phone).
A pen register records outgoing addressing information (such as numbers dialed from a phone); whereas a trap
b.
caller ID information).
c. A pen register intercepts communication; whereas a trap-and-trace device does not intercept communication.
d. A pen register does not intercept communication; whereas a trap-and-trace device intercepts communication.

ANSWER: b
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 _____.
a. the evidence was observed in plain view
b. the evidence could have been discovered through an independent source
c. another application is made to a court “as soon as practicable” for a determination that the interception comp
d. the evidence is testimonial in nature

ANSWER: c

25. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 does
not apply to the use of electronic devices emitting signals that enable law
enforcement officials to track the location of objects and persons. Why?
a. Title III only covers incidental interception of communication.
b. By their very nature, the devices are mobile and this not covered.
c. These devices are incapable of transmitting speech.
d. The devices were not in existence in 1968.

ANSWER: c
specifically exempts _____ from the warrant requirement.
a. buildings
b. cell phones
c. tone-only pagers
d. answering machines

ANSWER: c
27. Prior to the passing of Title III of the Omnibus Crime Control and Safe
Streets Act of 1968, 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 the _____.
a. Watergate scandal
b. abuses of the Vietnam war
c. Iranian Hostage Crisis
d. violent acts by student groups

ANSWER: a
28. Who determines the composition of the Foreign Intelligence Surveillance

Court (FISC)?
a. the Associate Justices of the U.S. Supreme Court.
b. the Speaker of the House.

c. the Attorney General of the U.S.
d. the Chief Justice of the U.S. Supreme Court.

ANSWER: d
29. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is
often referred to as the _____.
a. Digital Act
b. Wiretap Act
c. Electronics Act
d. Surveillance Act

ANSWER: b
30. Before the enactment of the _____, interception orders for wire

communications in computer hacking investigations were not permitted.
a. Omnibus Crime Control and Safe Streets Act of 1968
b. FISA
c. Violent Crime Control and Law Enforcement Act of 1994
d. USA PATRIOT Act

ANSWER: d
31. Many courts have upheld requirements that forensic analysis of the

computers had to be conducted within 90 days of the physical search.
a. True
b. False

ANSWER: True
32. Many courts require the government to return seized computers and

data storage equipment at a particular time as a condition of issuing the
warrant.
a. True
b. False

ANSWER: True
33. The Department of Justice cautions that limitations on search

methodologies have the potential to seriously impair the government’s ability
to uncover electronic evidence.
a. True
b. False

ANSWER: True
34. Although e-mail has replaced telephone communication in many

spheres, it is not considered a ‘wire communication’ for purposes of Title III
of the Wiretap Act.
a. True
b. False

ANSWER: True
35. Searches and seizures concerning foreign intelligence and antiterrorism

efforts are authorized and regulated by the Foreign Intelligence and
Racketeering Act (FIRA).
a. True
b. False

ANSWER: False
36. The Foreign Intelligence Surveillance Act does not require a showing of

probable cause to believe that a crime has been or is being committed.
a. True
b. False

ANSWER: True
37. Title III of the Wiretap Act applies to private searches and seizures of
wire, oral, or electronic communications.
a. True
b. False

ANSWER: True
38. 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 of the Wiretap
Act.
a. True
b. False

ANSWER: False
39. Title III of the Wiretap Act applies to the use of electronic devices
emitting signals that enable law enforcement officials to track the location of
objects and persons.
a. True
b. False

ANSWER: False
40. Title III of the Wiretap Act does not cover video surveillance using video
cameras that record only images and not aural communications.
a. True
b. False

ANSWER: True

KEYWORDS: Bloom’s: Explain
41. When one party to a communication consents to the interception of the

communication, neither Title III of the Wiretap Act nor the Fourth
Amendment prevents the use of the communication in court against another
party to the communication. This is called __________.
ANSWER: consent surveillance
42. 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.
ANSWER: provider exception
43. 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.
ANSWER: accessible to the public exception
REFERENCES: Electronic Surveillance
44. Computer __________ uses the scientific methods for the preservation,

collection, and analysis of digital sources of information.
ANSWER: forensics
45. Searches conducted using wiretaps, bugs, or other devices to overhear

conversations or obtain other kinds of information are collectively referred to
as __________ surveillance.
ANSWER: electronic
46. Dropbox, SkyDrive and SugarSync are companies that offer remote

computing services, where one can digitally store their information “in the
__________ .”
ANSWER: cloud
47. 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.”
ANSWER: aural transfer
48. The case of Dalia v. United States 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 __________ entry to
install the device.
ANSWER: covert
49. Congress created a special Article III court to review FISA applications

called the __________.
ANSWER: Foreign Intelligence Surveillance Court
50. Title III of the Wiretap Act 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
__________.
ANSWER: exigent circumstances exception
REFERENCES: Electronic Surveillance
51. Briefly describe how the Title III of the Omnibus Crime Control and Safe
Streets Acts of 1968 originated.
52. What impact has “cloud” technology had upon law enforcement in terms
of electronic surveillance? Explain your reasoning.
53. List a minimum of three forms of wiretaps. Describe each.

54. Outline the two stage process used for most searches of electronically
stored information.
55. Compare and contrast an interception order under Title III of the Wiretap
Act and an ordinary search warrant.

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

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

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

59. Explain the jurisdiction and procedures of the Foreign Intelligence
Surveillance Court (FISC).
60. 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.

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1. The common law approach to applying the Fourth Amendment to

b. law enforcement used force during a search and/or seizure

c. the government agent intentionally violated the constitutional protection

d. there was a physical intrusion into a constitutionally protected area

KEYWORDS: Bloom’s: Understand

a. standing to claim the protection

b. vehicular stops and searches

d. public stops and pat-downs

LEARNING OBJECTIVES: CPCJ.FERD.16.3.1

KEYWORDS: Bloom’s: Understand

3. The Katz v. United States (1967) case is known for establishing that the

b. both drivers and passengers of a vehicle

c. places, but not people

d. neither people or places

LEARNING OBJECTIVES: CPCJ.FERD.16.3.1

KEYWORDS: Bloom’s: Understand

4. The Katz v. United States (1967) case _____.

a. expanded Fourth Amendment protections

b. did away with the idea of “reasonable expectation of privacy”

c. broadened search to include interference with possessory interests

d. restricted the ability of defendants to argue privacy violations occurred

LEARNING OBJECTIVES: CPCJ.FERD.16.3.1

KEYWORDS: Bloom’s: Understand

a. here is a meaningful interference with possessory interests in property

d. an officer collects any evidence against a person regardless of circumstance

LEARNING OBJECTIVES: CPCJ.FERD.16.3.2

KEYWORDS: Bloom’s: Remember

b. constituted both a search and seizure

c. did not constitute a search or a seizure

d. constituted a seizure, but not a search

LEARNING OBJECTIVES: CPCJ.FERD.16.3.2

KEYWORDS: Bloom’s: Remember

7. Which statement about the concept of probable cause is true?

REFERENCES: Probable Cause

LEARNING OBJECTIVES: CPCJ.FERD.16.3.2

KEYWORDS: Bloom’s: Remem

8. The preference that a search and/or seizure be authorized by a warrant is

b. police are not qualified to make probable cause determinations

d. prosecutors may inadvertently encourage less than honest behavior

REFERENCES: Probable Cause

LEARNING OBJECTIVES: CPCJ.FERD.16.3.2

KEYWORDS: Bloom’s: Remem

9. An officer receives information from dispatch that another jurisdiction is

a. The arrest would still be considered valid.

a. flight of a person from an area

c. false or improbable answers to questions

d. observation and evaluation of real or physical evidence

b. presence at a crime scene or a high crime area

c. association with other known criminals

d. past criminal conduct

13. The method of establishing probable cause through the use of an

b. third party method

c. indirect discovery method

14. The cases of Aguilar v. Texas (1964) and Spinelli v. United States (1969)

a. need not be judged as credible

d. must have personally perceived the information

15. Following the decision in Illinois v. Gates (1983), _____.

c. the totality of circumstances approach was subsequently overruled

b. How, when, and where the informant obtained the information.