Question

Nora operates what the FBI believes to be a Medicare fraud operation. Each evening she shreds documents and puts them in her trash cans. The investigators would very much like to obtain those shreds, which they will be able to reconstruct, as potential evidence of the fraud. Which of the following statements is correct as to how investigators may legally acquire those documents?

a. None of these would be permissible unless there were exigent circumstances.
b. They may take the documents without a warrant if Nora puts them in her garage, which is not attached to her home.
c. They may take the documents without a warrant when Nora puts the trash cans out on the public curb for pickup on garbage day.
d. They may take the documents from Nora's property without a warrant if they are in plain view.
e. All of these would violate her rights under the Fourth Amendment.

Answer 1

Answer: e. All of these would violate her rights under the Fourth Amendment

Step-by-step explanation:

Under The Fourth Amendment to the Constitution of the United States, unreasonable searches are prohibited as well as unreasonable seizures and in case there is a probable cause, there should be a search warrant.

According to the Fourth Amendment, the right of individuals to be secure against unreasonable searches should not b violated. Therefore, regarding the question, if there's no warrant, they can't take the documents as taking it without a warrant will violate her rights under the Fourth Amendment.