Reference no: EM133310932

When Kiran (21 years old) was arrested for swatting Yuri, the police: (i) seized Kiran's computers (a newish laptop, a cutting edge gaming machine and a eight year old desktop); and (ii) Kiran's smart phone. They searched the call history, text history and photo history going back ten days to the date on which the alleged call for the swat team was made. Kiran received several texts asking if he was responsible, but nothing else was found during the initial search. The police asked for a warrant stating that Kiran was known to have been in an online fight with Yuri, mentioning the texts sent to Kiran and stating that Kiran was known to spend eight or more hours a day playing violent video games online. It did not mention that Kiran belonged to a well known team that competed interationally on that game. The warrant was granted. It allowed the police to search Kiran's devices for any type of file to do with Kiran's relationship with Yuri and tools used for spoofing phone numbers or email addresses. On the new computers and the smart phone, the police found a string of emails between Kiran and the person who was swatted planning their online fight to draw attention to their respective gaming careers and when the fight would end. They did not find any evidence of spoofing tools on any of the devices, and Yuri confirmed that the fight with Kiran was fake. After talking to Kiran, the police searched the old computer. They found evidence that Kiran was involved in hacking the School Board to change grades for people in 2016. In relation to the hacking, Kiran is charged with mischief (as an indictable offence).

(1) What cases studied in class will help Kiran? Explain why.

(2) What cases studied in class will hurt Kiran? Explain why.