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1. 18 USC 3117 Regulates the use of electronic or mechanical devices which permit
the tracking of the movement of a person or object.
2. Carpenter v U.S. Continuous tracking of the movements of a suspect for seven days
requires a search warrant.
3. Who can issue a warrant A magistrate judge in the district where the device will be installed.
for a tracking device?
4. A tracking device warrant -The person or property to be trakced
must contain the follow- -The magistrate judge to whom the return on the warrant will be
ing: made
-A reasonable period of time that the device may be issued. Time
will not exceed 45 days
-A command that the device be installed within 10 days or less from
the time the warrant is issued, and during the daytime, unless the
magistrate for good cause shown authorizes another time
-A command there shall be a return on the warrant
5. Who must return the war- The officer that executed the warrant must make the return to the
rant to the magistrate magistrate judge specified in the warrant.
judge?
6. What must the return war- The exact dates and times of both the installing of the device and
rant contain? the period in which it was used.
7. When must the warrant re- The return served on the person who was tracked, or whose prop-
turn be returned? erty was tracked, within 10 days after use of the device has ended.
8. Requirements for -A factual statement that alternative investigative methods have
video-only surveilance: been tried and failed, or reasonably appear to be unlikely to suc-
ceed if tried, or would be too dangerous
-A statement of steps to be taken to assure the surveilance will be
, LMPT EXAM 3
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minimized to effectuate only the purpose for which the order is
issued
-A particularized description of the premises to be surveilled
-A statement of the duration of the order, which shall not be longer
than necessary to achieve the objectives of the authorization, not
longer than 30 days, measured from the date of the order
- Names of the persons to be surveiled, if known
9. DOJ Requirements for Requires the investigative agency seeking to use court ordered
court ordered video sur- surveilance obtain approval from the appropriate DOJ official prior
veilance to obtaining a court order for video surveilance in areas with REP.
10. Three situations where 1. when the search is conducted by a private entity
searching a computer 2. when gov conduct does not intrude into an area where an
without a warrant is legal? individual has REP
3. when a recognized exception to the warrant requirements exists
11. Archaeological Resources 16 USC 470aa-470mm
Protection Act (ARPA)
12. Why was ARPA created? Congress enacted ARPA in 1979 to secure for the present and future
benefit of the american people, the protection of archeological
resources and sites which are on federal public and indian lands.
13. Archeological Resourse Any material REMAINS OF PAST HUMAN LIFE or activities which are
of ARCHEOLOGICAL INTERESTS, and are AT LEAST 100 YEARS of age.
14. Archeological Interest Capable of providing scientific or humanistic understanding of past
human behavior, cultural adaptation, and related topics through the
application of scientific or scholarly techniques such as controlled
observation, contexual measurement, controlled collection, analy-
sis, interpretation and explanation.
, LMPT EXAM 3
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15. Items that are not con- -Items lawfully possessed before October 31, 1979
sidered archeological re- -Paleontological specimens not found in an archeological context
sources: -Coins, bullets and unworked minerals and rocks. UNLESS found in
direct physical relationship with another archeological resource
-Arrowheads found upon the surface of the ground
16. Crimes under the 1st part Excavate, remove, damage, or otherwise alter or deface, or attempt
of the ARPA stautute: to, an archeological resource.
-Must be on federal public land
17. Crimes under the 2nd part -Sell, purchase, exchange, transport, recieve, or offer to, any arche-
of the ARPA statute: ological resource.
-Must have been removed from federal public or indinan lands in
violation of ARPA or some other provision of federal law
18. Crimes under the 3rd part -Sell, purchase, exchange, transport, recieve, or offer to, any arche-
of the ARPA statute: ological resource
-Does not need to originate on federal public land or indian land,
but must be shown to have been removed, sold, transported, etc in
violation of provision, rule, regulation, ordinance or permit in effect
under state or local law
-Must have crossed a state line or otherwise affected interstate or
foreign commerce
19. Public Lands Lands which are owned and administered by the U.S. as part of the
NPS, national wildlife refuge system, or the NF; and all other lands
the fee title to which is held by the U.S., except lands on the outer
continental shelf, lands under the jurisdiction of the smithsonian
institution, and indian lands.