Question

( Business Law 1)
1. Police in River City have been alerted by area jewelry stores of a scam where a young couple tries on wedding rings and one of them pretends to have a medical emergency in the store. The other person then slips out of the store wearing the expensive ring. A River City detective monitor social media and finds a post by young woman named Gillian bragging about how much money she has made in doing this. Police track Gillian down, obtain a search warrant and find a dozen stolen rings. Gillian argues that social media is private and that her fourth Amendment rights have been violated. Is Gillian correct? briefly explain.

2. Jake uses automated text messages to sell Dyson Vacuum cleaners to customers. The problem is that he accepts payment from his customers ( money order only) but never ships the units. After several years of complaints, Federal authorities find the arrest Jake. Jake says that he is a peaceful man and it's not like he committed an armed robbery. What crime should the authorities charge Jake with. Briefly explain.

Answer 1

Ans. Gillian is incorrect because in Fourth Amendment act states :

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.

So in this case, As River City detective monitor social media and finds a post by young woman named Gillian bragging about how much money she has made in doing this which is a probable cause (reasonable grounds to believe that Gillian has committed a crime) hence police has the authority to search her property after obtaining of search warrant.