Define the differences between the “two-prong test” and the “totality of the circumstances.”

Suppose 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?

Answer rating: 100% (QA)

Issuing Warrant Introduction Many of the criminal cases begin with issuance of arrest warrants A warrant is a documented paper issued by the court system authorizing the law enforcement department to ... View the full answer