Question: Based on US FOURTH AMENDMENT spot all relevant issues and to analyze them as thoroughly as possible . In answering the question, be sure to

Based on US FOURTH AMENDMENT spot all relevant issues and to analyze them as thoroughly as possible. In answering the question, be sure to explain the answer in your own words and apply all relevant provisions of the Federal and State Statutes and all relevant parts of the cases and other materials. If more facts than those provided are needed to answer a question, briefly describe the additional facts and show how they affect the answer.

During routine patrol, Officers Smart and Sharp receive notification that a 10-year-old girl has been kidnapped from the Bronx. The vehicle that was potentially used in the kidnapping is described as a 2017 White Toyota Corolla 4-door sedan. The Officers notice a car matching the description parked outside of a Walgreens in Brooklyn. They wait for the operator to return to the vehicle and when he does, they ask him a few questions which raises their suspicion. Based on the officers level of suspicion, they decide to detain the operator of the vehicle, John Kidman. John and the vehicle are then searched. The Officers do not find anything suspicious in the vehicle and on John himself. They ask him to unlock his iPhone which he refuses to do. They also ask if they can search his home which he also refuses.

In the meantime, one of the officers dispatches another unit to go to Johns home and see if they can search it. When the second unit arrives at Johns home, an elderly gentleman opens the door and says that he is Johns father. The Officers ask if they can search the home and Johns computer and the father consents. The father shows the Officers where Johns room is and where he keeps his electronic devices. Officers use a program similar to EnCase to search through the computer bypassing any security measures (such as a password) and discover hundreds if not thousands of images of Child Pornography (CP) depicting little children in sexually suggestive positions. The Officers conducting the search immediately image the computer they searched and seize it by taking the copy with them. They also conduct a physical search of the home to see if there is any evidence of the missing child but find nothing. The officers do notice a couple of other laptops around the home, but since they are not in Johns room, they decide not to touch them. They dispatch their findings to the unit holding John at which point the Officers arrest John and take him back to the precinct.

Back at the precinct, Officer Sharp calls the district attorney who instructs the Officer to attempt to break into Johns phone to see if they can trace his whereabouts throughout the day while she tries to get a warrant. The Officers bring the phone to the station where the forensic unit is unable to break into the iPhone. Officer Sharp decides to trick John and try to use his face recognition to unlock the phone. Officer Sharp comes up to the cell where John is being held and asks to speak with him. When John comes up to the bars, Officer Sharp quickly puts the phone in front of Johns face and before John realizes what happened, the phone unlocks itself. The forensic unit is then able to trace all of the activity and Johns location throughout the day. Based on this information, the Officers dispatch units to various locations and the little girl is found at one of the locations, locked in an abandoned warehouse on the outskirts of the city. However, she has no recollection of what her kidnapper looked like and cannot identify John. Nevertheless, John is indicted in Federal Court on kidnapping and CP charges. John moves to suppress all evidence obtained from his home and his phone.

Based on everything the officers discovered on Johns computer at his home, they obtain a warrant to search the copy (image) of the computer they obtained for evidence of CP and the warrant is issued. As the forensic investigators are searching through Johns computer for evidence of CP, however, they find documents and communications indicating that John was involved in a child sex trafficking ring that the FBI has been trying to locate for years. The police officers immediately alert the FBI and the FBI takes over the investigation. The FBI obtains a warrant to search for and seize all electronic devices from Johns home, including any cellular/smart phones and search those devices for any evidence of minor sex trafficking activities. The warrant is executed, and all electronic devices are seized from Johns home and searched.

Throughout the search it becomes evident that John was a very small fish in the operation. In fact, this was the first kidnapping he attempted to prove himself as a dedicated member so he can get more responsibilities. Additionally, most of the communications and information is written in code that no one other than John can understand. The FBI decide to strike a deal with John whereby if he cooperates and helps them bring in the actual leaders of the ring, he will get a more lenient sentence. John agrees and enters into an Agreement with the FBI that provides for him to be brought from his detention into the FBI offices and use his computer to decode the information in his messages and attempt to contact the ring leaders. During one such visit, Agent Sneaky notices that John writes down some letters as he is reading the encoded message on the screen. He then combines letters in a certain way that makes the message readable. Agent Sneaky continues to observe what John writes down based on whats on the screen and eventually figures out how to decode the messages. The FBI are then able to go through all of the messages and decode them without Johns help. The information leads the FBI to conclude that one of the main leaders of the operation is Lucifer Satansky.

Since they do not have enough to put Mr. Satansky away for a long time, the FBI decides not to put out any information for the apprehension of Mr. Satansky but investigate his background in the meantime. One of the things they find is that Mr. Satansky is a convicted sexual offender although the charge is about 15 years old. Coincidentally, as Mr. Satansky is being investigated, he is entering the country from Mexico at the US/Mexico border in California. Mr. Satansky is traveling with his wife and 3 children. Mr. Satansky is searched and when his name brings back a hit for a sexual offender, the border patrol decides to further search through his electronic devices. They ask for his password which he refuses to provide and asks for a lawyer instead. The border patrol then decides to seize his devices and send them to a nearby forensic lab in San Diego to be searched. Mr. Satansky and his family are released, and he immediately calls his lawyer who attempts to contact the lab in San Diego and file complaints against the officers at the border for violation of his clients Constitutional rights. When the laptop and camera are searched, deleted files of minor children in sexually suggestive positions are found. Mr. Satansky is arrested in California and the FBI is alerted. When Mr. Satanskys residence is searched per a warrant obtained by the FBI, more evidence of his position as a ringleader of the sex trafficking operation is found. Mr. Satansky is indicted and seeks suppression of all evidence found on his electronic devices as well as anything found in his home during the subsequent search.

Based on what you learned in class, what are the relevant issues here and how would they be approached and resolved? Remember to explain arguments that both the defense and the government may present.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Students Have Also Explored These Related General Management Questions!