Reference no: EM131908046

Question: P is a police officer in El Paso, Texas, who suspects that one of his neighbors is in contact with foreign agents abroad and may be plotting to attack U.S. cities. P goes to the court to ask permission to wiretap his neighbor's home, but the court refuses authorization, saying that there is no probable cause to believe a crime has taken place. P later befriends the live-in girlfriend of the neighbor in question, and she gives P permission to wiretap their landline telephone. With the help of other police officers, P wiretaps the neighbor-suspect's home based on the consent given and, in fact, obtains incriminating evidence. You are a judge in the court where a lawsuit has been brought for allegedly violating the neighbor-suspect's rights. Who wins this lawsuit and why? Answer based on federal and state law.