A defendant is arrested for possessing and distributing child pornography. The d

Question

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?

thank you!

Explanation / Answer

When filing his defence, the defendant tried to reason unlawful means that the FBI used to obtain the evidence, which would have been true when the fourth amendment right to privacy would be appealed for. But, in this case, the court would not rule the hearing in the defendant’s favour, this is because the fact that he had peer to peer sharing enabled with his network, he cannot claim for the fourth amendment because peer to peer connections are not covered under the act and means that he cannot hold any reasonable expectation that he will be protected under the fourth amendment. The FBI was not wrong in the way they conducted their operation. He cannot file for an appeal to suppress the pornographic images that were recovered from his computer, enabling the FBI to file for a search warrant and conduct their operations under the law and therefore does not constitute to unethical conduct.

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