James Patrick Burke v. United States
FourthAmendment DueProcess CriminalProcedure Privacy
Should evidence be suppressed under the 'exclusionary rule' when obtained from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) and/or the Fourth Amendment
QUESTION(S) PRESENTED 1) Should evidence be suppressed under the "exclusionary rule" when obtained : from Network Investigative Tecnique (NIT) warrants that violated Rule 41(b) : ‘of the Federal Rule of Criminal Procedure (prior to December 1, 2016), and , /or the Fourth Amendment, especially given that the government. was aware wagistrate judges lacked jurisdictional authority to issue warrants to search or seize outside of their district? 2) Was the government's conduct in continuing to operate an illegal child pornography website ("Website.A" or "Playpen") "so grossly shocking and outraso , geous” as to present Due Process arguments for dismissal when the government didn't just become involved in. an ongoing criminal enterprise, but by assuming administrative control of "Website A", the. government became the | criminal enterprise? , 3) When the statutes governing “accessing” of child pornography were written was the legislative intent to utilize the same criminal penalties and sentencing guidelines for defendants whose intent was.neither sexual in nature, nor directed towards the victims (children in this case), but the perpetr, ators themselves (child predators)? . . . : Ot -i-. .