Determine that kevin deleted the emails

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Reference no: EM133528354

Problem

Kevin is a U.S. Drug Enforcement Administration (DEA) Special Agent. He's worked with an informant, Diamond, for years in building a closely-guarded, confidential case against drug cartel members who have smuggled narcotics through the southern border of the U.S. and into Hampton Roads. Diamond is a good informant but her emails to Kevin often reveal unfavorable information that indicates Diamond has sometimes used cocaine and has driven while intoxicated. In coordination with the federal prosecutor, Kevin schedules the arrest of four cartel members and discusses high-level prosecution strategy. The night before the arrest Kevin permanently deletes all emails that portray Diamond unfavorably, some of which could be considered relevant to the investigation. If Kevin's actions came to light in court, the federal judge would most likely:

Group of answer choices

1) Determine that there was a good faith basis for Kevin's destruction of the emails because he was simply being diligent by destroying emails that hurt his case and would help the defense.

2) Determine that Kevin's legal duty of preservation had not yet attached because he deleted the emails before the subjects were arrested, and thus Kevin committed no wrong.

3) Determine that Kevin deleted the emails when a legal proceeding was reasonably anticipated and thus acted improperly.

Reference no: EM133528354

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