Exam 9: The Fourth Amendment and Other Legal Issues

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Trace the evolution of legislation on electronic communications and privacy.

(Essay)
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Search warrants that include searches for "all records" have generally been considered to lack ________.

(Multiple Choice)
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In which of the following cases did the court hold that cell phones are more appropriately treated as containers that store vast amounts of information?

(Multiple Choice)
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Section 207, Title II of the U.S.Patriot Act expanded the duration of FISA surveillance of non-U.S.persons from 45 to 90 days.

(True/False)
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The Supreme Court can seize and liquidate property within the United States of any foreign individual, entity, or country who is suspected of planning, authorizing, aiding, or engaging in an attack.

(True/False)
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The increased use of which of the following is argued as evidence of the U.S.Patriot Act's potential danger?

(Multiple Choice)
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Discuss in detail the USA Patriot Act.Do you think it infringes upon the right to privacy of the American citizens? Elaborate.

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Search warrants that include searches for "all records" have generally been considered to lack ________.

(Short Answer)
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The search of an individual and his or her immediate vicinity upon arrest has been determined reasonable, as it is necessary to ensure the safety of the officer and those around him or her.

(True/False)
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In the most basic sense, ________ is a standard which is less than probable cause, but one which is sufficient to authorize an investigative detention.

(Short Answer)
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Match the following sections in Title II of the PATRIOT act with their corresponding descriptions.
Section 223
provides for the voluntary disclosure of customer communications or records by providers in cases in which they believe there is an emergency involving immediate danger of death or serious physical injury to someone
Section 209
streamlines the process of tapping of electronic communications by recognizing that the advent of MIME has resulted in a myriad of attachments ranging from aural to video
Section 216
amended ECPA to clarify that the pen/rap statute applies to a broad variety of communications technologies
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Section 223
provides for the voluntary disclosure of customer communications or records by providers in cases in which they believe there is an emergency involving immediate danger of death or serious physical injury to someone
Section 209
streamlines the process of tapping of electronic communications by recognizing that the advent of MIME has resulted in a myriad of attachments ranging from aural to video
Section 216
amended ECPA to clarify that the pen/rap statute applies to a broad variety of communications technologies
Section 203
allows the sharing of information between law enforcement agencies, specifically between federal agencies
Section 212
provides for civil liability and redress of grievances for unauthorized disclosures
(Matching)
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First enunciated in Weeks v.U.S., the ________ stated that if government agents engage in unlawful searches or seizures, then all fruits of that action could not be used in subsequent prosecutions.

(Short Answer)
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The standard or amount of evidence necessary to affect the arrest of an individual or that induces the belief in the minds of a reasonable officer that the accused probably committed a crime is known as ________.

(Multiple Choice)
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The expectation of privacy is a legal concept that was judicially created.

(True/False)
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Which of the following ruled that it was proper and necessary to seize the computer system, as forensic analysis is not always possible at the scene?

(Multiple Choice)
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Which of the following held that that there was no expectation of privacy for a thief using a stolen computer?

(Multiple Choice)
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Reasonable suspicion may be defined as that standard or amount of evidence necessary to affect an arrest when an officer has reason to believe that the accused is guilty beyond a reasonable doubt.

(True/False)
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In which of the following was the exclusionary rule first enunciated?

(Multiple Choice)
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The Fifth Circuit upheld a ________ of a cell phone incident to a drug arrest even though the search of the seized phone occurred hours later at a different location.

(Short Answer)
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What should an investigator do if contraband that does not come under the present warrant is found in pursuit of items covered under the original warrant?

(Multiple Choice)
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