Good afternoon, my name is Shameka Price. Today, I’m representing the defendant Jacob Covington. My defendant stands here falsely accused of the possession and distribution of child pornography which is a very is a serious matter. A possession conviction can lead to 10 years in prison. Any child pornography conviction can require him to register as a sex offender for the rest of his life. This can adversely impact the defendant’s ability to work, where he can reside, and even whether he can associate with his own children or family. At the conclusion of the case we will ask for a verdict of not guilty on the grounds that his search was unconstitutional and he did not deliberately act to distribute or deliver the material on …show more content…
According to Rutledge (2006), “If you have the voluntary consent of the suspect to enter a residence or to conduct a search, a resulting seizure of evidence will generally be reasonable under the Fourth Amendment (Schneckloth v. Bustamonte).”
According to US Legal (n.d.) , “Third party consent refers to a person's agreement to official action like search of premises that affects another person's rights or interests”. Matthew Stevens, let them into Jacob’s room. Third-party consent must be based on the consenting person's common authority over the place to be searched or the items to be inspected. Matthew Stevens was Jacob’s roommate.
LimeWire is a file sharing program that permits outside users to download material in the share folder to their computer. In my opinion, I feel that the defendant will be charged with distribution of child pornography, because the police had probable cause to search the premises after his roommate gave them permission to search. Matthew Stevens, a third party ultimately shared a common authority over the property with the defendant Jacob Covington may, I think this gives police effective consent to a search of the defendant's