task #2

Project Description:

1. define the differences between the “two-prong test” and the “totality of the circumstances.” (lo4 and lo 6)

2. (scenario 1) you are a u.s. magistrate judge who receives an application from an fbi agent for a warrant to search for and seize evidence of child pornography at a defendant's home. the affidavit submitted in support of the warrant application explains that:

•individuals who exploit children, including collectors of child pornography, commonly use computers to: communicate with like-minded individuals, store their child pornography collections, and locate, view, download, collect and organize images of child pornography found on the internet.
•forensic behavioral science has found that a "majority of individuals who collect child pornography are persons who have a sexual attraction to children"
•the fbi had obtained the internet protocol address of a website, which contained approximately 11 images of child pornography, and which advertised additional child pornography at an internet address that was hidden until a membership was purchased.
•an undercover fbi agent paid $99 for a one-month membership and then received an e-mail which provided the internet address, login number, and password for its membership website.
•forensic examination of the website revealed “several possible subscribers along with e-mail addresses and other information.”
•the fbi subpoenaed subscriber information for these e-mail addresses, which included the defendant's yahoo email address.
•the residential address associated with the defendant's yahoo account had active internet service during the period immediately preceding the warrant request.
•“it appeared [that the defendant] either gained access or attempted to gain access to the non-member portion of the website"
•eighteen years earlier, the defendant pled guilty to endangering the welfare of a child stemming from having inappropriately touched a seven-year old girl.

1. what facts in the affidavit support the issuance of a search warrant?
2. what reasons can you explain for denying the search warrant based on the insufficiency of the search warrant?
Skills Required:
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Price Type: Fixed

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