Hypothetical: A defendant is arrested for possessing and distributing child pornography. The defendant files a motion to suppress the pornographic images that were downloaded from his computer through LimeWire, a peer-to-peer file-sharing program arguing that the pornographic images downloaded by the undercover FBI agent—which enabled the FBI to obtain a warrant to search his home and computer
and subsequently arrest him—were unlawfully obtained in violation of his Fourth Amendment rights. How would a court rule on the motion to suppress the evidence?
What will be an ideal response?
The court would apply the reasonable expectation of privacy test under the Fourth Amendment and Katz v. United States. An individual who has enabled peer-to-peer file sharing on his computer, thereby giving anyone with internet access the ability to gain entrance to his computer ... holds no reasonable expectation of privacy that the Fourth Amendment will protect. See United States v. Perrine, 518 F.3d 1196, 1204 (10th Cir. 2008). Therefore, the court would likely deny the motion. See also United States v. Abston, 401 Fed.Appx. 357 (10th Cir. 2010).
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What will be an ideal response?
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