Question
Crockett is a detective with a police department in Florida investigating Calderone for large scale drug smuggling. Crockett believes that Calderone uses an Internet caf
Crockett is a detective with a police department in Florida investigating Calderone for large scale drug smuggling. Crockett believes that Calderone uses an Internet caf to coordinate the details regarding drug shipments. Knowing that the owner of the Internet caf is friendly to law enforcement, Crockett approaches the management and asks if the caf would begin using log-on banners in which customers, as a condition of using the equipment in the cafe, consent to have all of their communications monitored by the caf owners and further, that the owners can share any potential evidence of a crime with the police. The next week the caf owner provides Crockett with damning emails that Calderone had sent the day before from one caf computer (after agreeing to the banner terms specified above) to drug associates regarding the next cocaine shipment. Can Crockett use these damning emails in court against Calderone?
Group of answer choices
No, law enforcement can search tangible things (like homes or cars) but cannot conduct searches of computers or electronic communications like emails.
Yes, to the extent there were Fourth Amendment and/or other legal concerns at play, Calderone consented through the log-in banners to have his communications monitored and possibly shared with law enforcement.
No, as demonstrated in the course reading, using members of the public to assist law enforcement is prohibited by due process and other concerns.
Yes, because emails of this sort would be collected and screened by EINSTEIN in any event, it is merely fortuitous that the caf owner also obtained them.
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