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LMPT Exam 3 – Questions & Answers (Guaranteed Pass!)
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LMPT Exam 3 – Questions & Answers (Guaranteed Pass!)
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LMPT Exam 3 – Questions & Answers (GuaranteedPass!)
18 USC 3117 Right Ans - Regulates the use of electronic or mechanical
devices which permit the tracking of the movement of a person or object.
Carpenter v U.S. Right Ans - Continuous tracking of the movements of a
suspect for seven days requires a search warrant.
Who can issue a warrant for a tracking device? Right Ans - A magistrate
judge in the district where the device will be installed.
A tracking device warrant must contain the following: Right Ans - -The
person or property to be trakced
-The magistrate judge to whom the return on the warrant will be 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
Who must return the warrant to the magistrate judge? Right Ans - The
officer that executed the warrant must make the return to the magistrate
judge specified in the warrant.
What must the return warrant contain? Right Ans - The exact dates and
times of both the installing of the device and the period in which it was used.
When must the warrant return be returned? Right Ans - The return served
on the person who was tracked, or whose property was tracked, within 10
days after use of the device has ended.
Requirements for video-only surveilance: Right Ans - -A factual statement
that alternative investigative methods have been tried and failed, or
reasonably appear to be unlikely to succeed if tried, or would be too
dangerous
,-A statement of steps to be taken to assure the surveilance will be 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
DOJ Requirements for court ordered video surveilance Right Ans -
Requires the investigative agency seeking to use court ordered surveilance
obtain approval from the appropriate DOJ official prior to obtaining a court
order for video surveilance in areas with REP.
Three situations where searching a computer without a warrant is legal?
Right Ans - 1. when the search is conducted by a private entity
2. when gov conduct does not intrude into an area where an individual has
REP
3. when a recognized exception to the warrant requirements exists
Archaeological Resources Protection Act (ARPA) Right Ans - 16 USC 470aa-
470mm
Why was ARPA created? Right Ans - 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.
Archeological Resourse Right Ans - Any material REMAINS OF PAST
HUMAN LIFE or activities which are of ARCHEOLOGICAL INTERESTS, and are
AT LEAST 100 YEARS of age.
Archeological Interest Right Ans - 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,
analysis, interpretation and explanation.
Items that are not considered archeological resources: Right Ans - -Items
lawfully possessed before October 31, 1979
, -Paleontological specimens not found in an archeological context
-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
Crimes under the 1st part of the ARPA stautute: Right Ans - Excavate,
remove, damage, or otherwise alter or deface, or attempt to, an archeological
resource.
-Must be on federal public land
Crimes under the 2nd part of the ARPA statute: Right Ans - -Sell, purchase,
exchange, transport, recieve, or offer to, any archeological resource.
-Must have been removed from federal public or indinan lands in violation of
ARPA or some other provision of federal law
Crimes under the 3rd part of the ARPA statute: Right Ans - -Sell, purchase,
exchange, transport, recieve, or offer to, any archeological 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
Public Lands Right Ans - 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.
Criminal Intent Right Ans - Violations must be committed KNOWINGLY.
The suspect was aware of the facts that made his conduct illegal.
Paleontological Resource Preservation Act (PRPA) Right Ans - 16 U.S.C.
470aaa-470aaa-(1)(1)
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