Certified Protection Professional (CPP) Practice Exam

Under the Omnibus Crime Control and Safe Streets Act of 1968, which condition is not required for court permission to conduct electronic surveillance?

1. The crime must be any felony under federal law

2. The surveillance must be necessary for the investigation

3. All other investigative methods must have been exhausted

4. The evidence must be for a specific case

The correct answer is: The crime must be any felony under federal law

The correct understanding revolves around the specific requirements set forth by the Omnibus Crime Control and Safe Streets Act of 1968 concerning electronic surveillance. The act stipulates conditions under which law enforcement can conduct electronic surveillance, particularly in relation to monitoring communications. In this context, it is essential to note that the act does not require the crime to be classified as a felony under federal law for court permission to be granted. The legislation allows for electronic surveillance in relation to any crime—whether a misdemeanor or felony—meaning that the definition of the crime does not restrict the ability to seek a warrant for surveillance. In contrast, the other conditions listed, such as the necessity of the surveillance for the investigation, the exhaustion of other investigative methods, and the requirement that the evidence pertains to a specific case, are indeed prerequisites that must be satisfied to obtain permission from the court. These conditions ensure that electronic surveillance is justified and not conducted indiscriminately, thereby protecting individual privacy rights while still allowing law enforcement to effectively investigate and prosecute crimes.