Author Question: Pedro Moreno and Rolando Cue-Baiza brought their boat from Nassau to Miami. They re-entered the ... (Read 123 times)

NClaborn · **on:** Jun 24, 2018

Pedro Moreno and Rolando Cue-Baiza brought their boat from Nassau to Miami. They re-entered the Miami port without going through customs. They docked the boat and began unloading it. Miami customs officials had observed the boat re-enter (by helicopter). When Moreno and Cue-Baiza began unloading the boat, customs officials sent in a team of officers to search the boat (no warrant). The officers discovered numerous bales of marijuana during the search and Moreno and Cue-Baiza were charged with drug possession and trafficking. They are now challenging the validity of the warrantless search. Discuss its validity.

Question 2

Creating and/or distributing viruses, such as the Melissa or ILUVYOU virus was done as a prank and to see if it could be done; if you assume no harm was meant, why should this be a crime?

adf223 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The search met the emergency exception. Failing to go through customs was already a crime. Agents saw unloading and acted because fruits of the crime were being eliminated. U.S. v. Moreno, 778 F.2d 719 (11th Cir.1985).

Answer to Question 2

The viruses were intentionally made, and intentionally distributed, so intent was present. The end results do not have to be known or desired at the inception of the act. An estimated over 3 billion dollars in damages were caused worldwide by these two virsuses; they were not the e-version of a prank telephone call.