Law of Searching and Seizing

1. Jack emails Jill at work at Acme Industries: “We got to sell our stock now. I just got word that Enron is going under.” Jill opens the email and then leaves it on her work email. Can Agent Joe Mannix get a copy of the email from Jill’s employer? If he can, please explain how? (e.g. what “legal process” is necessary? What is the standard/level of proof he must meet?) If he cannot get a copy of the email, please explain why not? ( 20 points) 2. The Electronic Communications Privacy Act was enacted in 1986. What is it? Why did Congress feel it was necessary to enact it? (15 points) 3. Brad is in the rare book business. As a service to his book dealer customers he gave them an email address at the domain “intercept .com” and acted as an email provider. Brad managed the email service and the dealer subscription list. Brad ordered an employee who was an IT specialist to modify the email system so that all emails to his book dealer customers from Brad’s competitor (Amazon) were copied and placed in a mailbox for Brad before the email was placed in mailbox for the intended recipient. Is this a crime? If so, what is the crime? What are its essential elements? Please explain your answer. (15 points) 4. Agent Johnny Dollar has a tip from an anonymous caller that: “Tammy left some inside information on Bear Stearns on Bob Simmons’ voice mail where Simmons works.” What type of “legal process” does Agent Dollar need to get a copy of the voice mail? Will he be able to do it? Does it matter in what year he is making the request? Will he be successful? Please explain your answer. (15 points) 5. Acme Corp. provides an instant messaging service to the Richmond Police Department. The Richmond Police Chief is concerned that police officers are abusing the instant messaging service by using it for personal messages in violation of department policy. He wants to get transcripts of message traffic involving two specific officers. Acme Corp. confirms that it does have copies of this traffic on its computers. Can the Chief get copies of this message traffic? If so, what is the legal process he must follow? What is the standard/level of proof he must meet? Please explain your answer. (15 points) 6. Agent Tubbs believes that Bobby, a suspected drug dealer, is making a large delivery of “hydroponic weed.” Agent Tubbs contacts Bobby’s cell phone provider. He wants to find out where Bobby’s cell phone is (“cell site location”) at that moment so that he can arrest Bobby and his buyer. He also wants to know where Bobby’s cell phone was five hours ago so that he can find out where the marijuana is stored. What is the legal process he must follow? What is the standard of proof he must meet? Please explain your answer.