Jack and Jill are a married couple living inside a small house. They frequently get drunk and
Question:
Jack and Jill are a married couple living inside a small house. They frequently get drunk and start screaming at each other, causing neighbors to call the police. This is one of those nights, and they are still screaming at each other as the police are walking down the public sidewalk to their house. Even while on the public sidewalk, the police can hear their screams. This time, the police hear Jill scream at Jack, "You stupid drug dealer! I want my cut of the crack you hide underneath the kitchen sink!" The police report this statement to the magistrate, who issues a warrant for a search underneath the kitchen sink. At trial, the defense attorney argues that because this argument was occurring in a private residence, it was a private conversation and the police violated their rights by listening to it. How should the judge rule?
2. The year is 2030 and the newest and hottest piece of technology in law enforcement is the "Backscatter X-Ray Goggles." These work a lot like the machines at the airport, which give TSA screeners the ability to see through a person's clothing, except they are portable. Just by looking at a person, law enforcement can now see through an individual's clothing. However, only prototypes exist because this technology isso new. Naturally, the NYPD is one of the first to obtain this technology to test it out. While Officer Dan is walking through Times Square, he activates the glasses. With the glasses activated, he is seeing through the clothes of everyone present. Suddenly, he sees a person wearing a trench coat that is being used to conceal an illegal sawed-off shotgun. Officer Dan instantly subdues and arrests the person. What will happen when the defendant's lawyer makes a motion for the shotgun to be suppressed at trial?
Module 5
Read each of the following fact patterns and write nalysis to support position. cite SOURCES
1. Apply two-part test to determine if FISA surveillance would be appropriate, or if a Title III warrant would be required:
a. First, whether a person is engaged in illegal activity or clandestine intelligence gathering activities.
b. Second, whether these activities are being undertaken on behalf of a foreign power or international terrorist organization.
Naomi is an engineer working for airplane manufacturer Lockheed Martin, an American corporation. She is working on a project to design the next generation of stealth aircraft. She wants to make extra money, so she decides to steal classified information and sell it to Boeing, another American aircraft manufacturer. Her unauthorized copy and transfer of files has alerted the attention of the FBI. If the FBI is to access the records on her personal computer at home, may it conduct foreign surveillance on her, or must it obtain a warrant?
2.For years, the Drug Enforcement Agency (DEA) has been trying to break the Cranston drug cartel, which is an entirely domestic criminal organization involved in drug smuggling operations inside the U.S. and at the U.S. border. The DEA has been trying to bring them down for many years, but has never been able to get enough evidence to get a warrant to conduct invasive surveillance on any member of the group. However, one day the DEA discover that a man they have probable cause to believe is affiliated with the Cranston cartel is selling information on U.S. border security to a person he knows to be an Al-Qaeda operative. Armed with this information, the DEA calls the General Counsel's Office at the National Security Agency (the office responsible for applying for FISA warrants) to request a FISA order to conduct surveillance on this member of the Cranston cartel. A representative from the DEA accompanies the Counsel to the judge to request the order. The FISC judge is very surprised to have the DEA present at this meeting. "What is the DEA doing here?" the FISC judge asks. "We really want to bust the Cranston drug cartel for all of their past criminal history," the DEA attorney explains. "We think this person we want to survey has a lot of criminal history in his records on his computer, which is why we want a FISA order to access it, intercept all of his email, phone calls, and text conversations, and various other forms of surveillance on him." "And this member of the Cranston drug cartel is also a member of Al-Qaeda?" the confused judge asks. "No," the DEA tells the judge. "He's just an American citizen who happens to be selling them information." "And your primary purpose in getting a FISA order is to gather evidence of past criminal history so you can prosecute members of the Cranston drug cartel?" the judge asks. "That's right," the DEA agent says. "It just so happens that one of them is selling information to Al-Qaeda." "Anything else I should know?" the judge asks. "Not really," the DEA representative says. "Sure, preventing this information on U.S. border security from getting to Al-Qaeda is significant, but we do admit that it's not anyone's primary purpose here. We are mainly focused on busting the Cranston drug cartel." Based on this fact pattern, determine/analyze whether or not the judge should issue a FISA order on this member of the drug cartel.
Module 6
Read each of the following fact patterns and write nalysis to support position. cite SOURCES
1. Let's test how well understand the difference between the illegality of passing classified documents and the lawful act of publishing classified information with the following problems. Look through the regulations and the analysis presented by the Supreme Court to determine if a wrongful act has been committed, or if the activity is protected by the First Amendment.
When not on active duty, Army Reserve Private Charles Fanning works as a journalist for theChicago Herald. While on Reserve duty one weekend, he printsclassified documents off of his computer, and takes them to his office at theChicago Heraldthe next day. From the computer in his office and with the authorization of his supervisor, he scans the documents to the website of theChicago Herald, publishing them for the world to see.
2.analyze and develop understanding of theTottenbar.
The City of Norfolk is filing a lawsuit against the U.S. Navy. They claim that the U.S. Navy is secretly storing nuclear weapons at the Naval Weapons Station located in Yorktown, Virginia, and that radiation from those weapons has affected cancer rates in a nearby community. How should the judge rule?
Module 7
Read each of the following fact patterns and write nalysis to support position. cite SOURCES
Apply doctrines of political question, standing and ripeness to following hypothetical fact patterns. Which, if any, should apply? Justify response based on the cases read thus far.
1. An American citizen living in Yemen contacts the court by filing a complaint that he has been targeted by the U.S. government for attack without due process of law. Can he proceed with the lawsuit?
2.Based on evidence that the NSA collects vast amounts of telephone metadata from U.S. phone records as well as from non-U.S. sources, a citizen's group asks for an injunction against such collection unless an ordinary Title III (probable cause) warrant is issued. May their case proceed?