36. Boeing Corporation has a facility in Palmdale, California, near the desert. Assume that employees at that location have been taking truckloads of production-waste materials (including toxic waste) out to remote areas of the desert and dumping it there. A local police officer has investigated all of this dumped material, and found evidence there that links the dumped material to the Boeing facility. The police officer goes to the Boeing facility, and demands to see the company records on use of their dumptrucks. Can the company refuse to turn over this information?

a. No, they must comply with the police officers demand for records.

b. Yes, they can refuse to turn over their business records until the officer gets a search warrant signed by a judge.

37. This is a continuation of the facts from Question 36. Assume that instead of going to the Boeing facility first, the police officer takes the evidence that she has found at the dump site, and writes a sworn affidavit detailing where she found the dumped material, and presents this to a local judge. Will this be sufficient for the judge to issue a search warrant?

a. Yes, this would be sufficient to satisfy the requirements of the 4th Amendment to the US Constitution, for issuance of a search warrant.

b. Yes, this would be sufficient to satisfy the requirements of the 5th Amendment to the US Constitution, for issuance of a search warrant.

c. No, this would not be sufficient to satisfy the judge for issuance of a search warrant.

38. A police detective arrives at a business office (with permission of the business owner). During the process of questioning the accountant about some unusual transactions that the owner was concerned about, she asks the accountant to go find some files located in the file storage room on the other side of the office. While the accountant is gone, the detective looks into the accountants personal backpack which was left under the desk, and she finds paper evidence of the accountants embezzlement of funds from the company. The detective arrests the accountant for embezzlement. The police officer never gave the accountant a Miranda warning. a. The accountant (or his lawyer) will probably be able to successfully challenge the use of the paper evidence found in the backpack, due to the protections in the 4th Amendment to theUS Constitution.

b. The accountant (or his lawyer) will probably be able to successfully challenge the use of the paper evidence found in the backpack, due to the protections in the 5th Amendment to theUS Constitution.

c. The accountant (or his lawyer) will probably be able to successfully challenge the use of the paper evidence found in the backpack, due to the protections in the 6th Amendment to theUS Constitution.