Question

The Foreign Corrupt Practices Act (FCPA) makes it illegal for US citizens to bribe high ranking foreign officials to acquire new business. A violation can have a criminal penalty that involves up to five years in prison. Suppose a whistleblower in the company alerts the FBI about Phil's and Dale's plan. The FBI searches the company’s offices without a search warrant and finds evidence that Phil and Dale violated the FCPA. Which of the following is true?a. The evidence most likely would not be able to be used in a prosecution against Phil and Dale, due to the Miranda rule.

b. The evidence would most likely be able to be used in a prosecution against Phil and Dale.
c. The evidence would never be able to be used in a prosecution against Phil and Dale, due to the exclusionary rule.
d. The evidence most likely would not be able to be used in a prosecution against Phil and Dale, because of the Fourth Amendment to the Constitution.

Answer 1

The correct answer is c.

Step-by-step explanation:

The evidence collected against Phil and Dale, no matter how condemning it may seem, would never be able to be used against them due to the exclusionary rule, which states that evidence that was collected without following due process is rendered invalid and can't be used in a court of law. The exclusionary rule can be seen as an extension of the Fourth Amendment to the Constitution, which protects people from unlawful searches and seizures. If the FBI had obtained a search warrant from a judge before searching the company's office, then the evidence would have been valid.