Question 1

What viewpoint calls for trying all foreign suspects by military commissions?

Accepted Answer

The answer of What viewpoint calls for trying all foreign...

Question 2

What provision of the Patriot Act amended FISA so that individuals engaged in international terrorism don't have to be linked to a specific foreign power to be subject to FISA search warrants and FISC proceedings?

Accepted Answer

The "lone wolf" provision of the Patriot Act amended the Foreign Intelligence Surveillance Act (FISA) to allow for surveillance of individuals engaged in international terrorism without the need to demonstrate that they are connected to a specific foreign government or terrorist group. This provision aimed to address the challenge of identifying and surveilling terrorists who operate independently of established terrorist organizations.

Question 3

The FBI is both a law enforcement agency and an intelligence agency.

Accepted Answer

The FBI operates as both a federal criminal investigative body and an intelligence agency, handling duties related to law enforcement and intelligence gathering within the United States.

Question 4

A military commission is composed of a panel of:

Accepted Answer

A military commission is composed of military officers who decide war crime cases, particularly those involving enemy combatants.

Question 5

In which document did the U.S. Congress give the president the authority "to use all necessary force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks" on 9/11?

Accepted Answer

The Authorization for Use of Military Force (AUMF) was passed by Congress shortly after the September 11, 2001, terrorist attacks, granting the President the authority to use all necessary force against those responsible for the attacks and to prevent future acts of international terrorism against the United States.

Question 6

Which of the following requires that the U.S. Attorney General take into custody and detain during removal proceedings any alien who has committed a fairly long list of crimes?

Accepted Answer

The Illegal Immigration Reform and Immigrant Responsibility Act requires that the U.S. Attorney General take into custody and detain during removal proceedings any alien who has committed a specified list of crimes. This act was part of a broader effort to reform immigration laws and enhance enforcement.

Question 7

The jurisdiction of military commissions applies only to noncitizens.

Accepted Answer

Military commissions, as established by the U.S., are typically used to try noncitizens, particularly in the context of terrorism and war crimes, as outlined in the Military Commissions Act.

Question 8

In U.S. v. Martinez-Fuerte (1976), SCOTUS held that:

Accepted Answer

In U.S. v. Martinez-Fuerte, the Supreme Court held that the Fourth Amendment is not violated when police stop a vehicle at a fixed checkpoint for brief questioning of its occupants, even without any specific reason to believe that the vehicle contains illegal aliens. This decision allows for immigration checkpoints where officers may stop vehicles to ask about the occupants' citizenship or immigration status without needing individualized suspicion.

Question 9

What viewpoint calls for trying those who commit terrorist acts in U.S. Criminal Courts?

Accepted Answer

The terrorist-acts-as-crime view supports the idea that individuals who commit terrorist acts should be tried in U.S. Criminal Courts, treating terrorism as a criminal act rather than an act of war or an act by enemy combatants.

Question 10

The Military Order of November 13, 2001:

Accepted Answer

The answer of The Military Order of November 13, 2001:
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Question 11

Which of the following terms refers to persons born outside the United States who are now either citizens or permanent legal residents?

Accepted Answer

Immigrants are individuals born outside the United States who have chosen to settle in the country, often becoming citizens or permanent legal residents. This term specifically refers to those who have moved to a new country to live there permanently, distinguishing them from tourists, temporary workers, or students.

Question 12

The Patriot Act created National Security Letters.

Accepted Answer

National Security Letters (NSLs) existed prior to the Patriot Act, but the Act expanded their use and the FBI's authority to issue them without a court order for terrorism and espionage investigations.

Question 13

Roving wiretaps apply:

Accepted Answer

Roving wiretaps are used to monitor the communications of specific individuals, regardless of what devices they use. This allows law enforcement to track suspects who may switch devices to evade detection.

Question 14

In order to be considered a "deportable alien," a person must:

Accepted Answer

A person becomes a "deportable alien" based on the determination of their deportability by an immigration judge or if they admit to their deportability when questioned by officials. The Supreme Court's involvement is not a requirement for someone to be considered deportable, nor are denial or refusal to cooperate the sole criteria.

Question 15

In the case Rasul v. Bush (2004), SCOTUS ruled that:

Accepted Answer

In Rasul v. Bush (2004), the Supreme Court ruled that noncitizen detainees who have been declared enemy combatants and detained in areas controlled by the United States, such as Guantanamo Bay, can petition for habeas corpus in federal courts. This decision affirmed the detainees' right to challenge their detention in court.

Question 16

In a sneak-and-peek search warrant:

Accepted Answer

A sneak-and-peek search warrant allows officers to enter a privately owned place without the owner or occupant's consent or knowledge, typically to prevent the destruction of evidence or to ensure the success of an ongoing investigation.

Question 17

Stopping travelers in vehicles at a fixed checkpoint for brief questioning about their citizenship and immigration status:

Accepted Answer

Stopping travelers in vehicles at fixed checkpoints for brief questioning about their citizenship and immigration status is considered a seizure under the Fourth Amendment. However, the U.S. Supreme Court has held that such stops are constitutional if they are brief and based on reasonable suspicion, recognizing the government's interest in controlling borders and immigration.

Question 18

Sneak-and-peek searches were first created by the USA Patriot Act.

Accepted Answer

Sneak-and-peek searches were first created by the Foreign Intelligence Surveillance Act (FISA) in 1978, not the USA Patriot Act.

Question 19

Military commissions try military personnel for violating the Uniform Code of Military Justice.

Accepted Answer

Military commissions are judicial bodies used to try individuals for violations of the laws of war, not for violations of the Uniform Code of Military Justice (UCMJ), which applies to U.S. military personnel and is enforced through courts-martial, not military commissions.

Question 20

In re National Security Letter (2013)involved a San Francisco U.S. District Court that held that:

Accepted Answer

In re National Security Letter (2013) involved a ruling by a San Francisco U.S. District Court that issuing a National Security Letter (NSL) violates the First Amendment. This decision was based on concerns about the nondisclosure provisions associated with NSLs, which were seen as infringing on free speech rights.

Quiz 15: Criminal Procedure in Times of Crisis