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Question 1 of 20
5.0 Points
The court decision that defined obscenity as being a work that
“taken as a whole, lacks serious literary, artistic, political, or
scientific value” is:
A. Roth v. United States.
B. FCC v. Pacifica Foundation.
C. Miller v. California.
D. Furman v. Georgia.
Reset Selection
Question 2 of 20
5.0 Points
Which of the following Supreme Court cases, affecting all
subsequent obscenity rulings since, held that the state has a
“compelling interest” in protecting the welfare of children?
A. Roth v. United States
B. FCC v. Pacifica Foundation
C. Miller v. California
D. Regina v. Hicklin
Reset Selection
Question 3 of 20
5.0 Points
Which of the following acts first attempted to protect families
and children from online sexually explicit acts?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1982
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act of
1977
Reset Selection
Question 4 of 20
5.0 Points
In an effort to tighten prohibitions at the Federal level against
child pornography, what did Congress introduce that eliminated
the obscenity requirement established in Miller v. California?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1982
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act of
1977
Reset Selection
Question 5 of 20
5.0 Points
Without question, the single most important court decision
regarding state prohibitions of child pornography is:
A. New York v. Ferber.
B. Miller v. California.
C. Stanley v. Georgia.
D. Osborne v. Ohio.
Reset Selection
Question 6 of 20
5.0 Points
The Supreme Court has said that states have more leeway in the
regulation of pornographic depictions of children than in the
regulation of obscenity because:
A. the Supreme Court has no jurisdiction over state lawmaking.
B. the use of children as subjects of pornographic materials is
harmful to the mental health of the child.
C. no obscenity statute has ever been upheld by the Supreme
Court.
D. most state constitutions do not allow for freedom of
expression.
Reset Selection
Question 7 of 20
5.0 Points
What replaced the “Protection of Children Against Sexual
Exploitation of 1977” act?
A. The Omnibus Crime Control Bill
B. Title 18 of the United States Code
C. The three pronged test of Cahill v. Utah
D. The Child Protection Act of 1984
Reset Selection
Question 8 of 20
5.0 Points
Which of the following was enacted in anticipation of an
explosion of explicit material emerging on the Internet and
specifically targets the issue of virtual child pornography?
A. Telecommunications Reform Act of 1996
B. Child Pornography Prevention Act of 1996
C. Child Protection Act of 1984
D. Protection of Children Against Sexual Exploitation Act
Reset Selection
Question 9 of 20
5.0 Points
What court struck down most of the Child Pornography
Prevention Act, saying that it was unconstitutional to the extent
that it proscribed computer images that did not involve the use
of real children in their production or dissemination?
A. The Eleventh Circuit Court of Appeals
B. The Sixth Circuit Court of Appeals
C. The Eighth Circuit Court of Appeals
D. the Ninth Circuit Court of Appeals
Reset Selection
Question 10 of 20
5.0 Points
What issue, of interest to computer crime prosecutors, has not
yet been ruled upon by the United States Supreme Court?
A. Whether the First Amendment will be applicable to Internet
communications
B. Legislation dealing with technologically generated computer
images
C. The continuation of the exclusionary rule
D. Whether Congress can pass laws prohibiting child
pornography
Reset Selection
Question 11 of 20
5.0 Points
The probable cause requirement of the Fourth Amendment:
A. is based on a “reasonable person” standard.
B. does not apply if you have a warrant.
C. does not apply in computer crimes.
D. applies only when police get a warrant.
Reset Selection
Question 12 of 20
5.0 Points
The Electronic Communications Privacy Act of 1986 gave
individuals more protection than the Fourth Amendment
because:
A. the Fourth Amendment does not apply to state police, it only
applies to federal authorities.
B. statutory law is more binding than case law.
C. it applies to all individuals, not just those acting on behalf of
the government.
D. it makes the “equal protection” clause of the Fourteenth
Amendment applicable to the states.
Reset Selection
Question 13 of 20
5.0 Points
One failing of the Electronic Communications Privacy Act of
1986 is that:
A. it was found to be “arbitrary and capricious” by the Ninth
Circuit.
B. it only extends to communications which affect interstate or
foreign commerce.
C. jurisdictional issues render it impossible to enforce.
D. it expires by operation of law in 2006.
Reset Selection
Question 14 of 20
5.0 Points
Which act requires manufacturers of telecommunications
equipment and service providers to develop systems which
provide the capability for surveillance of telephone and cellular
communications, advanced paging, satellite-based systems, and
specialized mobile radio?
A. CALEA
B. ECPA
C. PPA
D. Harrison Communications Act of 1997
Reset Selection
Question 15 of 20
5.0 Points
Which of the following is TRUE concerning search warrants?
A. Contraband cannot be seized unless it is specifically
mentioned in the warrant.
B. Federal law enforcement authorities are not required to get
search warrants.
C. The warrant must describe with particularity the places to be
searched and the items to be seized.
D. A search warrant can only be obtained from a federal judge.
Reset Selection
Question 16 of 20
5.0 Points
Lawrence decides to have a few friends over for a cookout.
While he is outside flipping burgers on the grill, one of his
guests goes inside Lawrence’s house and starts looking through
the files on his computer without Lawrence’s permission. He
finds pornographic pictures that Lawrence has made of some of
the neighborhood kids. Although he is not affiliated with law
enforcement in any way, the guest feels it is his civic duty to
copy the files onto a disc and turn them over to the police.
Lawrence is arrested. Lawrence tells his lawyer that his Fourth
Amendment rights have been violated because the search and
seizure was unreasonable. This argument is:
A. not valid. Since computer evidence can be destroyed easily
and quickly, exigent circumstances dictated that no warrant was
necessary.
B. valid because there was no probable cause for the guest to
have searched the computer prior to his doing so. Any evidence
found must be excluded.
C. valid because a warrant was necessary to seize the files.
D. not valid because no Fourth Amendment protection exists for
searches conducted by someone acting independently absent
direction from the government.
Reset Selection
Question 17 of 20
5.0 Points
Not all searches require a search warrant. For example, a
consent search does not require a warrant if which of the
following requirements is met?
A. The person giving the consent must have the proper authority
over the area to be searched and is legally capable of granting
such access.
B. It can be shown that a magistrate or judge was unavailable.
C. It can be shown that those conducting the search checked
with the U.S. Attorney’s office before proceeding.
D. The person giving the consent must be advised beforehand
that any evidence seized can be used in a court of law against
him and that he has the right to an attorney before the search
takes place.
Reset Selection
Question 18 of 20
5.0 Points
The police obtain a search warrant to go to Harry’s house and
look for stolen computers. They serve the warrant and, once
inside, begin their search. While on the scene, one of the
officers sees a bag of marijuana in plain view on Harry’s coffee
table. He immediately knows it is marijuana, based on his 10
years of experience as a drug officer. The evidence is seized,
and Harry is charged with possession of marijuana. Was the
seizure of the marijuana valid under the Fourth Amendment?
A. Absolutely not. The Fourth Amendment requires that the
object of the search be described with particularity. Since the
police had no probable cause to search for drugs, and it wasn’t
mentioned in the warrant, they exceeded the bounds of the
warrant, and the exclusionary rule will require that the evidence
be thrown out.
B. Absolutely. The police were acting in a lawful manner by
being in the house to serve a search warrant. Since they were
legally on the scene, anything in plain view which is obviously
evidence of any crime can be seized and will be admissible in
Harry’s trial.
C. Absolutely not. Unless the officer who seized it is a drug
identification expert and tested the material, there is no way
that the officer can know for certain that the item was in fact
marijuana. The motion to suppress this evidence will be granted
by the judge.
D. Absolutely. Marijuana is contraband, and it is illegal to
possess it. As such, there are no Fourth Amendment protections.
Regardless of whether the police were in an area where they
were legally entitled to be or not, this evidence can be seized
and will be admissible in court at Harry’s trial.
Reset Selection
Question 19 of 20
5.0 Points
A computer crime investigator looks for suspected child
molesters by going to a live chat room on the Internet. She does
not identify herself as a police officer. In fact, she does not say
anything at all but remains silent in the chat room. If she is able
to obtain enough evidence to use against a molester to build a
case against him, what will most courts likely say about her
methods? (Assume for the purposes of this question that the
court in question is not the Ninth Circuit Court of Appeals.)
A. Most courts will likely say that a wiretap was required prior
to obtaining any evidence.
B. Most courts will likely say that the molester had a reasonable
expectation of privacy since the officer did not say anything and
the molester did not know she was there. Therefore, any
evidence collected will be excluded.
C. Most courts will likely say that no warrant was required.
Since the officer could read the offending words on her screen,
they are considered to be in “plain view” and are thus exempt
from the warrant requirement of the Fourth Amendment.
D. Most courts will likely say that there is no expectation of
privacy in an Internet chat room since others are likely to visit
there. Therefore, no warrant is necessary.
Reset Selection
Question 20 of 20
5.0 Points
Generally, it can be said that because the courts recognize the
difficulty of detection and prosecution of cyberspace child
pornography, they tend to:
A. give child pornographers the harshest possible sentences.
B. rule consistently from court to court.
C. give child pornographers sentences far less than those
provided for under law.
D. fail to agree on the appropriateness of traditional
investigative techniques.

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Question 1 of 205.0 PointsThe court decision that defined obscen.docx

  • 1. Question 1 of 20 5.0 Points The court decision that defined obscenity as being a work that “taken as a whole, lacks serious literary, artistic, political, or scientific value” is: A. Roth v. United States. B. FCC v. Pacifica Foundation. C. Miller v. California. D. Furman v. Georgia. Reset Selection Question 2 of 20 5.0 Points Which of the following Supreme Court cases, affecting all subsequent obscenity rulings since, held that the state has a “compelling interest” in protecting the welfare of children? A. Roth v. United States B. FCC v. Pacifica Foundation C. Miller v. California D. Regina v. Hicklin Reset Selection Question 3 of 20 5.0 Points Which of the following acts first attempted to protect families and children from online sexually explicit acts? A. Telecommunications Reform Act of 1996 B. Child Pornography Prevention Act of 1982
  • 2. C. Child Protection Act of 1984 D. Protection of Children Against Sexual Exploitation Act of 1977 Reset Selection Question 4 of 20 5.0 Points In an effort to tighten prohibitions at the Federal level against child pornography, what did Congress introduce that eliminated the obscenity requirement established in Miller v. California? A. Telecommunications Reform Act of 1996 B. Child Pornography Prevention Act of 1982 C. Child Protection Act of 1984 D. Protection of Children Against Sexual Exploitation Act of 1977 Reset Selection Question 5 of 20 5.0 Points Without question, the single most important court decision regarding state prohibitions of child pornography is: A. New York v. Ferber. B. Miller v. California. C. Stanley v. Georgia. D. Osborne v. Ohio. Reset Selection Question 6 of 20
  • 3. 5.0 Points The Supreme Court has said that states have more leeway in the regulation of pornographic depictions of children than in the regulation of obscenity because: A. the Supreme Court has no jurisdiction over state lawmaking. B. the use of children as subjects of pornographic materials is harmful to the mental health of the child. C. no obscenity statute has ever been upheld by the Supreme Court. D. most state constitutions do not allow for freedom of expression. Reset Selection Question 7 of 20 5.0 Points What replaced the “Protection of Children Against Sexual Exploitation of 1977” act? A. The Omnibus Crime Control Bill B. Title 18 of the United States Code C. The three pronged test of Cahill v. Utah D. The Child Protection Act of 1984 Reset Selection Question 8 of 20 5.0 Points Which of the following was enacted in anticipation of an explosion of explicit material emerging on the Internet and specifically targets the issue of virtual child pornography? A. Telecommunications Reform Act of 1996
  • 4. B. Child Pornography Prevention Act of 1996 C. Child Protection Act of 1984 D. Protection of Children Against Sexual Exploitation Act Reset Selection Question 9 of 20 5.0 Points What court struck down most of the Child Pornography Prevention Act, saying that it was unconstitutional to the extent that it proscribed computer images that did not involve the use of real children in their production or dissemination? A. The Eleventh Circuit Court of Appeals B. The Sixth Circuit Court of Appeals C. The Eighth Circuit Court of Appeals D. the Ninth Circuit Court of Appeals Reset Selection Question 10 of 20 5.0 Points What issue, of interest to computer crime prosecutors, has not yet been ruled upon by the United States Supreme Court? A. Whether the First Amendment will be applicable to Internet communications B. Legislation dealing with technologically generated computer images C. The continuation of the exclusionary rule D. Whether Congress can pass laws prohibiting child pornography
  • 5. Reset Selection Question 11 of 20 5.0 Points The probable cause requirement of the Fourth Amendment: A. is based on a “reasonable person” standard. B. does not apply if you have a warrant. C. does not apply in computer crimes. D. applies only when police get a warrant. Reset Selection Question 12 of 20 5.0 Points The Electronic Communications Privacy Act of 1986 gave individuals more protection than the Fourth Amendment because: A. the Fourth Amendment does not apply to state police, it only applies to federal authorities. B. statutory law is more binding than case law. C. it applies to all individuals, not just those acting on behalf of the government. D. it makes the “equal protection” clause of the Fourteenth Amendment applicable to the states. Reset Selection Question 13 of 20 5.0 Points One failing of the Electronic Communications Privacy Act of 1986 is that: A. it was found to be “arbitrary and capricious” by the Ninth
  • 6. Circuit. B. it only extends to communications which affect interstate or foreign commerce. C. jurisdictional issues render it impossible to enforce. D. it expires by operation of law in 2006. Reset Selection Question 14 of 20 5.0 Points Which act requires manufacturers of telecommunications equipment and service providers to develop systems which provide the capability for surveillance of telephone and cellular communications, advanced paging, satellite-based systems, and specialized mobile radio? A. CALEA B. ECPA C. PPA D. Harrison Communications Act of 1997 Reset Selection Question 15 of 20 5.0 Points Which of the following is TRUE concerning search warrants? A. Contraband cannot be seized unless it is specifically mentioned in the warrant. B. Federal law enforcement authorities are not required to get search warrants. C. The warrant must describe with particularity the places to be
  • 7. searched and the items to be seized. D. A search warrant can only be obtained from a federal judge. Reset Selection Question 16 of 20 5.0 Points Lawrence decides to have a few friends over for a cookout. While he is outside flipping burgers on the grill, one of his guests goes inside Lawrence’s house and starts looking through the files on his computer without Lawrence’s permission. He finds pornographic pictures that Lawrence has made of some of the neighborhood kids. Although he is not affiliated with law enforcement in any way, the guest feels it is his civic duty to copy the files onto a disc and turn them over to the police. Lawrence is arrested. Lawrence tells his lawyer that his Fourth Amendment rights have been violated because the search and seizure was unreasonable. This argument is: A. not valid. Since computer evidence can be destroyed easily and quickly, exigent circumstances dictated that no warrant was necessary. B. valid because there was no probable cause for the guest to have searched the computer prior to his doing so. Any evidence found must be excluded. C. valid because a warrant was necessary to seize the files. D. not valid because no Fourth Amendment protection exists for searches conducted by someone acting independently absent direction from the government. Reset Selection Question 17 of 20 5.0 Points Not all searches require a search warrant. For example, a
  • 8. consent search does not require a warrant if which of the following requirements is met? A. The person giving the consent must have the proper authority over the area to be searched and is legally capable of granting such access. B. It can be shown that a magistrate or judge was unavailable. C. It can be shown that those conducting the search checked with the U.S. Attorney’s office before proceeding. D. The person giving the consent must be advised beforehand that any evidence seized can be used in a court of law against him and that he has the right to an attorney before the search takes place. Reset Selection Question 18 of 20 5.0 Points The police obtain a search warrant to go to Harry’s house and look for stolen computers. They serve the warrant and, once inside, begin their search. While on the scene, one of the officers sees a bag of marijuana in plain view on Harry’s coffee table. He immediately knows it is marijuana, based on his 10 years of experience as a drug officer. The evidence is seized, and Harry is charged with possession of marijuana. Was the seizure of the marijuana valid under the Fourth Amendment? A. Absolutely not. The Fourth Amendment requires that the object of the search be described with particularity. Since the police had no probable cause to search for drugs, and it wasn’t mentioned in the warrant, they exceeded the bounds of the warrant, and the exclusionary rule will require that the evidence be thrown out. B. Absolutely. The police were acting in a lawful manner by being in the house to serve a search warrant. Since they were
  • 9. legally on the scene, anything in plain view which is obviously evidence of any crime can be seized and will be admissible in Harry’s trial. C. Absolutely not. Unless the officer who seized it is a drug identification expert and tested the material, there is no way that the officer can know for certain that the item was in fact marijuana. The motion to suppress this evidence will be granted by the judge. D. Absolutely. Marijuana is contraband, and it is illegal to possess it. As such, there are no Fourth Amendment protections. Regardless of whether the police were in an area where they were legally entitled to be or not, this evidence can be seized and will be admissible in court at Harry’s trial. Reset Selection Question 19 of 20 5.0 Points A computer crime investigator looks for suspected child molesters by going to a live chat room on the Internet. She does not identify herself as a police officer. In fact, she does not say anything at all but remains silent in the chat room. If she is able to obtain enough evidence to use against a molester to build a case against him, what will most courts likely say about her methods? (Assume for the purposes of this question that the court in question is not the Ninth Circuit Court of Appeals.) A. Most courts will likely say that a wiretap was required prior to obtaining any evidence. B. Most courts will likely say that the molester had a reasonable expectation of privacy since the officer did not say anything and the molester did not know she was there. Therefore, any evidence collected will be excluded. C. Most courts will likely say that no warrant was required.
  • 10. Since the officer could read the offending words on her screen, they are considered to be in “plain view” and are thus exempt from the warrant requirement of the Fourth Amendment. D. Most courts will likely say that there is no expectation of privacy in an Internet chat room since others are likely to visit there. Therefore, no warrant is necessary. Reset Selection Question 20 of 20 5.0 Points Generally, it can be said that because the courts recognize the difficulty of detection and prosecution of cyberspace child pornography, they tend to: A. give child pornographers the harshest possible sentences. B. rule consistently from court to court. C. give child pornographers sentences far less than those provided for under law. D. fail to agree on the appropriateness of traditional investigative techniques.