S/S MISCELLANEOUS > EAVESDROPPING > Flashcards

EAVESDROPPING Flashcards

(58 cards)

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1
Q

What is the general definition of eavesdropping?

A

Eavesdropping refers to overhearing, wiretapping, bugging, monitoring, etc.

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2
Q

What constitutional concepts apply to eavesdropping?

A

The general constitutional concepts of ‘privacy’ apply.

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3
Q

Which federal law originally governed eavesdropping?

A

Title III of the Omnibus Crime Control and Safe Streets Act of 1968.

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4
Q

What major amendment was made to federal eavesdropping law in 1987?

A

The law was revised and renamed in Title I of the Electronic Communications Privacy Act of 1986.

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5
Q

What is CALEA?

A

Communications Assistance for Law Enforcement Act, which amended the ECPA in 1994.

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6
Q

What is the primary restriction on federal and state laws regarding eavesdropping?

A

State laws are valid as long as they are not more lenient than federal laws.

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7
Q

Is it legal for private individuals to intercept communications under federal law?

A

Generally, it is illegal for anyone, including private persons, to intercept communications.

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8
Q

What happens to the contents of illegal interceptions under federal law?

A

They may not be used for any purpose by anyone, including the government.

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9
Q

What must be demonstrated for a wiretap order under California law?

A

Probable cause must be shown that illegal communications will be obtained.

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10
Q

Fill in the blank: The federal Act prohibits interception of wire, oral, or electronic communication unless permitted in the _______.

A

[Act itself]

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11
Q

What is required for a peace officer to intercept communications under federal law?

A

The officer must be a party to the communication or have consent from one party.

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12
Q

True or False: A peace officer can wiretap conversations without any oversight under California law.

A

False

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13
Q

What must California peace officers do if they wish to wiretap?

A

They must apply for an order authorizing interception from a judge.

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14
Q

What is the maximum duration for a wiretap order in California?

A

30 days, with possible extensions upon showing necessity.

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15
Q

What is the definition of ‘confidential communication’ under California law?

A

Any communication in which a participant has a reasonable expectation of privacy.

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16
Q

What is the legal consequence of intercepting a confidential communication without consent in California?

A

It is prohibited under the Invasion of Privacy Act.

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17
Q

Example: What would be illegal regarding a telephone conversation between two private persons?

A

It would be illegal for one party to secretly tape record the conversation.

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18
Q

What does the term ‘wiretap’ refer to?

A

Connecting a listening device into a wire that transmits a conversation.

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19
Q

What does the California Invasion of Privacy Act specifically prohibit?

A

Intentional electronic eavesdropping or recording of confidential communications without consent.

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20
Q

What is the significance of the case Flanagan (2002) regarding confidentiality?

A

It established that a conversation is confidential if a party has a reasonable expectation of privacy.

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21
Q

What must be done if a wiretap order fails to conform to California’s statutory provisions?

A

Officers may not rely on the ‘good faith’ exception.

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22
Q

What is the role of P.O.S.T. in relation to officers involved with wiretaps?

A

All peace officers must be trained specifically by P.O.S.T. and certified by the Attorney General.

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23
Q

What is required of the government regarding the minimization of unrelated conversations during wiretaps?

A

The government must adopt reasonable measures to achieve minimization.

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24
Q

What happens if there is a ‘life or limb’ emergency regarding wiretap applications?

Study These Flashcards
A

An informal application may be made, followed by a formal written application.

25
What is the penalty for unauthorized interception or disclosure of information obtained through interception?
Criminal and civil penalties apply.
26
What is the significance of the case Reyes (2009) regarding illegal interceptions?
All participants in intercepted communications have standing to move for suppression.
27
What is required for a wiretap application to be made in California?
It must be made by designated officials with a supporting affidavit.
28
What must be included in progress reports to the court regarding wiretap orders?
Reports must be made at least every 10 days.
29
What is the California Supreme Court's definition of a confidential conversation?
A conversation is confidential if a party to that conversation has an objectively reasonable expectation that the conversation is not being overheard or recorded ## Footnote This definition is established in the case law regarding privacy and communication rights in California.
30
Is it legal for one party to secretly tape record a telephone conversation between private persons?
No, it is normally illegal for one party to secretly tape record the conversation ## Footnote This is supported by the case Frio (1988) 203 Cal.App.3d 1480.
31
Under which sections is it illegal to intercept or receive a communication transmitted between telephones without consent?
Sections 632.5 and 632.6 ## Footnote These sections outline the prohibitions against malicious interception of communications.
32
What constitutes a violation of section 632.7?
Listening in on and intentionally recording others' cell phone or cordless telephone conversations without consent ## Footnote This applies regardless of the listener's purpose.
33
What is the consequence of intentionally disclosing a confidential communication obtained in violation of section 632?
It is chargeable as a misdemeanor or felony ## Footnote This is outlined in Penal Code, § 632.01.
34
What types of devices does the prohibition against interception include?
Cellular and land-line telephones ## Footnote This includes any type of electronic communication where privacy is expected.
35
Is it legal for a police officer to intercept and record conversations?
Yes, if the officer is a party to the conversation ## Footnote There are exceptions where law enforcement can record conversations legally.
36
What is the legal status of non-electronic eavesdropping?
It constitutes neither illegal interception nor unreasonable invasion of privacy ## Footnote This is supported by the case Siripongs (1988) 45 Cal.3d 548.
37
What is required for peace officers to legally monitor or record confidential conversations?
At least one party must consent, and the monitoring must be done by designated law enforcement personnel ## Footnote This is outlined in Penal Code, §§ 633, 633.05.
38
What crimes allow for electronic eavesdropping under the Privacy Act?
* Extortion * Kidnapping * Bribery * Felony violence * Human trafficking * Obscene or harassing phone calls * Domestic violence ## Footnote This is specified in Penal Code, § 633.5.
39
What must be demonstrated for a victim to record communications related to domestic violence?
A judge can permit recording as evidence for a restraining order ## Footnote This is specified in Penal Code § 633.6.
40
What is the rule regarding attorney-client conversations and eavesdropping?
Unilateral bugging of attorney-client conversations is illegal ## Footnote This is enforced by Penal Code, § 636.
41
Can someone eavesdrop without electronic devices if they are in a lawful location?
Yes, as long as they hear it from a location where they have a lawful right to be ## Footnote This is supported by the case Kaaienapua (1977) 70 Cal.App.3d 283.
42
What is a felony according to Penal Code section 636?
Eavesdropping on conversations between an inmate and his attorney, religious advisor, or licensed physician ## Footnote This applies even without an electronic device.
43
Is it a misdemeanor to intercept police radio communications without authorization?
Yes, it is a misdemeanor to intercept police radio service communication ## Footnote This is outlined in Penal Code, §.
44
What happens if a conversation is overheard without violating any statute?
It may still be inadmissible in court due to a violation of constitutional privacy rights ## Footnote This is illustrated in the case Tavernetti (1978) 22 Cal.3d 187.
45
What is a misdemeanor related to police radio service communication?
It is a misdemeanor for any unauthorized person to intercept police radio service communication for the purpose of assisting in a crime or to avoid arrest.
46
What is 'bugging' in the context of law enforcement?
'Bugging' refers to electronic eavesdropping on conversations.
47
How does the expectation of privacy differ for persons in custody compared to those not in custody?
Persons in custody have a lower expectation of privacy, making it legal to 'bug' their conversations.
48
What does the Fourth Amendment say about secret monitoring of conversations in custody?
Secret monitoring and recording of unprivileged conversations in custody do not constitute an unlawful search under the Fourth Amendment.
49
What was California's previous rule regarding monitoring inmate conversations?
California had a narrower rule limiting monitoring to situations involving institutional security before the 1994 amendment.
50
What does Proposition 8 state regarding evidence obtained in violation of California law?
Evidence obtained in violation of California law is admissible at trial unless exclusion is required under the federal Constitution.
51
What is an example of admissible evidence from a jail conversation?
A tape recording of a conversation between a defendant and his wife was admissible due to lack of Fourth Amendment expectation of privacy.
52
True or False: Conversations recorded in a police vehicle can be admissible in court even if one suspect invoked Miranda rights.
True.
53
Fill in the blank: The secretly tape-recorded conversation between a minor and his mother was admissible because the minor had no expectation of privacy in such a setting due to the _______.
[Fourth Amendment].
54
What must be present for a recording of an inmate's conversation to be admissible?
Concerns about public protection and institutional security.
55
How does recording an inmate's spontaneous remark differ from recording a conversation?
Recording what an inmate 'blurts out' is not considered a 'conversation.'
56
What happens if an officer misleads an inmate into believing their conversation is private?
It may violate the Fourth Amendment, requiring the tape-recorded conversation to be suppressed.
57
What is required for inmate telephone conversations to be monitored legally?
Meaningful notice that the calls 'may be monitored' places the wiretap outside the prohibitions of Title III.
58
What constitutes implied consent for monitoring inmate phone calls?
Using the prison telephone after being warned that calls may be monitored constitutes implied consent.
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