Criminal Law, 2020 Bar — Question 10

ESSAY

During a Senate hearing in aid of legislation, a Senator's staff member took a resource person's mobile phone without their consent or knowledge. While the hearing was ongoing, the staff member read the resource person's messages contained in the mobile phone and hurriedly wrote notes which were passed to the Senator. Thereafter, the staff surreptitiously returned the mobile phone. The resource person would not have noticed that the mobile phone was taken had it not been for a TikTok video posted by a journalist who was present during the hearing. The TikTok video caught the entire act of the Senator's staff member. The TikTok video even had accompanying music and narration. The video became viral. Can the staff member be liable for theft of the mobile phone? Explain briefly.

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