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From Flashcardlet > Exam 5 Electronic Law Evidence 07-24 > Flashcards

Exam 5 Electronic Law Evidence 07-24 Flashcards

0
Q

Exception to Title III

A

Intercepted communications is where at least one party to the comm has consented to the interception, applies to oral, wire, or electronic

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1
Q

Record a convo with a suspect what do you need

A

-One party consent or in a No reasonable expectation of privacy place you dont need Title III

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2
Q

Federal Communications Act of 1934

A

Prohibited wiretapping by anyone including LEO without consent of both parties

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3
Q

EPO 1
ID the federal requirements governing the use of electronic devices that intercept wire, oral, and electronic communications page

A

A special SW requires PC

  • Mega Details about the intercept
  • Go before DOJ person for approval and name them in your request
  • Final approval by a US District Court Judge, not a Magistrate judge
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4
Q

EPO 1 B

-Wire or Oral communications

A

convo you have REP and you want to hear or intercept in real time (sound waves are moving)using some device u need a title III, or u need consent of one of the parties in the conversation (do not needREP=No title III)
Device =other than the human ear
-

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5
Q

Electronic Communication or Human voice over wire

A

——–no REP requirement, real time interception , of a communication, with a device if use a cup need title III, naked ear no title III
Gov attorney my authorize application Title III Federal Felony,
-Approval of assistant Attorney General for Criminal Div, bf apply to a judge

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6
Q

1C
Electronic Communications offense= any federal felony, digital pages AUSA. otherwise, high level DOJ

-wireand oral communications

A

Computer data trans, fax email Digital display pager, instant and text messages

-2516(1)

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7
Q

1D
who may apply for title 3
-Process for APPLYING for approval

A

Police or gov attorneys can Private I cant,
-Agent with PC, AUSA, DOJ (Digital pager can use AUSA for that ), district court judge or higher, Circuit court of appeals Judge —magistrate judge not authorize to give title III
-

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8
Q

1E
WHAT U NEED FOR TITLE III COURT ORDER
writing-oath-signed

A

1 ID LEO DOJ AUTHORIZING OFFICIAL
2 STATEMENT OF facts Type com. intercepting (X at this #/ machine/place/ etc.)
3 Necessity Statement
4 Time Period (30 days max aft LEO begins inv, or 10 days after order is issued, which one comes first.) extension. must give explanation and results sofar and meet requirements of title III
5 Previous Application (that involve any of the targets or places in this application)
6 Minimization Statement keep out of non-bad guy stuff
7 Request for convert entry -install change battery pull out (Last for 30 days )
8 District court or higher

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9
Q

1 F

Excluded from Title III

A

-No REP in oral communication
-Consenual monitoring
-Tone only pages
-Tracking devices, beepers and transponders
-Video Only surveillance (No audio))
-General public communications such as
Am/FM radio/TV/CB/Ham/walkie talkie

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10
Q

EPO 2
ID the federal requirements governing the use of electronic devices that track the movements of suspects. (tracking warrants are multi jurisdiction)

A

Three kinds (Beeper, transponder, GPS)
1Calculate and remember location -physically retrieve the data
2 Download the data remotely leaving the device in place
3 Live tracking-real time showing where they are at
-4th Amend controls installation and monitoring, REP issues will need a tracking warrant to monitor even tho didnt need one to install it. If install on someone else property need warrant to install

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11
Q

2 B

2 ways To trigger 4th Amend

A
  • will GOV intrusion into a place someone have REP for gathering info
  • intrusion by GOV into constitutionally protected area, people, papers, house,
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12
Q

EPO 3
ID the federal requirements governing the use of electronic devices that trace telephone calls and electronic communications

A

Pen Registers-Outgoing numbers being called
-Trap *Trace-incoming callers numbers (one order can get both)
=Not title III, requirems court order, AUSA make application, reventant to an ongoing crim inv, good for 60 days, can subpoena toll records, can obtain email addresses of correspondents, but not the content of the emails (US Magistrate Court, District Ct, US Circuit Ct)

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13
Q

3B

Incude ID of govr attorney, ID of lLEO , certification of GOV

A

l

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14
Q

3 c

Pen Registers

A

Captures all call numbers that being dialed out from a specific telephone line (allowing interceptor to lean what numbers a suspect is calling from that telephone)
-Can also be used to capture email addressed from an email sent by target.(they do not reveal content of the phone convo or email)

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15
Q

3d

Trap and Trace Device

A

Device capture all number that are coming into a specific telephone line and allows the interceptor to learn where telephone calls to the targeted phone are originating from
-can also capture the email addressed of those-who send email to the target (does not real the content of the conversation or email

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16
Q

EPO 4

ID the federal requirements governing the use of video only surveillance in locations where an individual has REP

A

4th amend Search Warrant, or consent, no Title III,

  • Necessity statement-alt methods failed,
  • Minimization statement,
  • description of premises,
  • Durations are 30 days (30 day extension is possible) no 10 day grace period from date of order,
  • Name of person under surveillance, if known (if instal in REP area need SW, on personal property need SW, in public no SW
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17
Q

4 B

Video Surveillance cont.

A

if camera installed in a public place that show suspect activities on the curtilage or other private place will need SW (meet higher Constitutional Standard)
-If camera on monitors activities in a location where no REP exist, no SW is required

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18
Q

EPO 5
Stored (Emails) Electronic communications page 219
-What type of info is being sought from Internet service provider
-what type of legal document is necessary to require the ISP to disclose the type of info being sought

A

AOL Server Temporary Storage= need Title III

  • Comcast server Temporary Storage =need title III
  • Basic subscriber info stuff about the customer= name address, local and long phone records, or records of time and duration, length of service, start date and types of service utilized
  • Transaction records

Name address, sessions records, telephone numb, payments methonds=Subpoena =Standard of Relevency

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19
Q

5B

Transactional Records

A

need court order for email address, of correspondents, web sites, visited, cell site data for cellular phone calls, nee Court Order 2702

Catch all-web site visited by customer
Open Email=Subpoena
UNopen Email= stored 180 days on server =Subpoena
-Stored 180 or less on server =SW
-Prior notice req to customer/ subscriber
-when no notice is required, or where notice may be delayed
-Court order may prevent the ISP from notifying the subscriber

20
Q

5C
Delaying or Preventing Notice
reason to believe that notice to the subscriber would result in

A

Danger to life or phy safety

  • flight from prosecution
  • destroy of or tampering with evidence
  • intimidating witness
  • Seriously jeopardizing an investigation or unduly delaying a trail
21
Q

5 D

Preservation Orders

A

If you need stored emails, do this first

  • Agent may obtain 2703(f) preservation order and serve on ISP.
  • This prevents ISP from deleting stored emails,
  • Good for 90 Days, Renewable possible
  • Not prospective -just the stored emails on date of the order not before
22
Q

5 E

Multi Jurisdiction Warrants for Stored Email

A

What if the email servers are located in more than one district

  • Do you need a warrant from magistrate in each district?=It is good in different districts even different states (emails only, not Data)
  • Data= u must find out where the server is located, need SW from judge in that district
23
Q

5G

Searching Computers pic 299 blue book (483, 98 read)

A
  • Warrantless Searches public place looking at porn can capture pic without SW (wife say yes and husband no= u cant search the computer)
  • Data Warrants- describe special consideration in preparing a SW to sear and or seize computers
  • Executing the warrant-describe special considerations in executing a SE to search or seize computers
  • Authenticating data-describe special issues involving authentication of info contained on computers
24
Q

18 USC 2703 page 219
-Stored electronic communications = emails from servers of companies like yahoo, google, AOL, this eliminates the need of getting warrant from each district the emails are stored I.e a Fed Judge can issue a SW in Virginia for emails stored on served a California

A

-Provide basic subscriber info, Name, address, local and long distance telephone connection records, ore records of session times and duration, length of service (including start dates) and types of services utilized, payment type, credit card or bank account number of customer

25
Q

EPO 5

Stored (Emails) Electronic communications page 219

A

AOL Server Temporary Storage= need Title III
-Comcast server Temporary Storage =need title III

  • Basic subscriber info stuff about the customer
  • Transaction records

Name address, sessions records, telephone numb, payments methonds=Subpoena =Standard of Relevency

26
Q

5B

Transactional Records

A

need court order for email address, of correspondents, web sites, visited, cell site data for cellular phone calls, nee Court Order 2702

Open Email=Subpoena
UNopen Email= stored 180 days on server =Subpoena
-Stored 180 or less on server =SW
-Prior notice req to customer/ subscriber
-when no notice is required, or where notice may be delayed
-Court order may prevent the ISP from notifying the subscriber

27
Q

5C
Delaying or Preventing Notice
reason to believe that notice to the subscriber would result in

A

Danger to life or phy safety

  • flight from prosecution
  • destroy of or tampering with evidence
  • intimidating witness
  • Seriously jeopardizing an investigation or unduly delaying a trail
28
Q

5 D

Preservation Orders

A

If you need stored emails, do this first

  • Agent may obtain 2703(f) preservation order and serve on ISP.
  • This prevents ISP from deleting stored emails,
  • Good for 90 Days, Renewable possible
  • Not prospective -just the stored emails on date of the order not before
29
Q

5 E

Multi Jurisdiction Warrants for Stored Email

A

What if the email servers are located in more than one district

  • Do you need a warrant from magistrate in each district?=It is good in different districts even different states (emails only, not Data)
  • Data= u must find out where the server is located, need SW from judge in that district
30
Q

5G

Searching Computers pic 299 blue book (483, 98 read)

A
  • Warrantless Searches public place looking at porn can capture pic without SW (wife say yes and husband no= u cant search the computer)
  • Data Warrants- describe special consideration in preparing a SW to sear and or seize computers
  • Executing the warrant-describe special considerations in executing a SE to search or seize computers
  • Authenticating data-describe special issues involving authentication of info contained on computers
31
Q

2703 page 219

A

1

37
Q
  • Oral communication spoken by a person who exhibits an expectation of privacy when speaking
  • wire comm the transfer of human voice via a wire, cabe, or like connection even if there is no REP of privacy i.e. digitized human voice transmitted over a phone line, network, the internet, or similar medium
  • Email and facsimile transmissions are example of data that are transferred by way of an electric comm. Unlike oral comm, (protected from unwarranted intrusions)
A

NEED title III

38
Q

Oral communication, there is no interception, unless done with a device (anything other than the human ear) while the communication is being made

A

Rule is Title III does not apply to any oral communications overheard with the unaided human ear while the listener is in a place where he has the right to be

39
Q

EPO 7

Describe when computers may be searched or seized without a search warrant

A

1 when the search is conducted by a private non GOV entity (not acting as a LEO, 4th dont apply) ie. person take computer to repair chop, that repair guy find illegal child porn, LEO limit to the scope that was searched by private person can use to get a SW, can temp seize computer
2 when GOV conduct does not intrude into an area where person have REP
3 When a recognized exception to the warrant requirement exist

40
Q

how do u prove authorship of computer programs

A

solve by collecting circumstantial and other evidence during the search, where the storage found, drive, disk, trace evidence DNA, Fingerprints, who had access to it, passwords and screen names

41
Q

EPO 8

Describe special consideration in preparing a SW to Search and or seize computers

A

-type of computers
-type of software does suspect use
-Is the computer connected to a network, where is server
-can data and storage be searched on site, must computer be moved
-will SW have adverse impact on operation of legitimate business
4th Amendment does permit general exploratory searches, but requires the place to be searched and things to be seized be described with particularity if to broad or narrow wont meet 4th amendment

42
Q

EPO 9

Describe special consideration in executing a SW to search andor seize computers

A

-Technical Ass During SW is essential or have one on call
18 USC 3105 permits non LEO to aid in execution of a warrant, specify in SW the need for forensic expert
-no specific limitation on the time period for exams to be performed
-must get a warrant in each district u think media is stored if on a server

43
Q

EPO 10

Describe special issues involving authentication of information contained on computers

A
  • A foundation is required to introduce a business record or public record. Foundation is laid by the custodian of the record who can state how the record was created and maintained
  • Special rules allow certain records to be self authenticating records and reports do not require a witness to testify and lay a foundation
44
Q

Practice 4
Fred criminal enterprise involves sending and receiving faxes. Assume that agents have PC. Which is correct concerning how LEO could obtain the faxes

A

If the agents have PC paper copies of the faxes were located in Freds house, they could use a SW issued by a Magistrate Judge

45
Q

Practice 7
Agent need to obtain a Pen Register or Trap and Trace CT order. Which of the following is correct about who makes the request to the judge, what judge can approve it, and how long the court order is good for

A

AUSA requests, Magistrate judge can issue, good for 60 days

46
Q

Pra 9

to get emails addresses of email correspondents (not contents)

A

2703 d

47
Q

To get web browsing history transactional records

A

2703 d court order

48
Q

Prac 9

To get unopened email that have been in electronic storage for less than 180 days

A

Search Warrant

49
Q

P 9

Name of customer and method of payment (basic subscriber info)

A

Subpoena

50
Q

P 9

Unopened email that have been in electronic storage for 180 days or more

A

Subpoena

51
Q

P 9

Open email in electronic storage

A

Subpoena

52
Q

Prac 10
Agents have PC that jack runs a stolen CC ring from his home computer in District A, and that others who are part of it buy and sell stolen CC in Districts B and C. Agents develop PC that the evidence is stored on web server in District D. there is PC that Jacks internet service in district D has unopened email that have been in storage for less than 90 days. Agents want all the evidence emails and data

A

For the emails, they can obtain a warrant in District A, B, C, or D

53
Q

Practice 11

Fred is lawfully arrested. He has a pager on his person. Can agents search his pager without a warrant

A

Yes BC searching the pager is within the scope of a SIA

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