Question
After responding to a welfare check at a local home, Maryland law enforcement find a tragic scene of two individuals who have been murdered. When
After responding to a welfare check at a local home, Maryland law enforcement find a tragic scene of two individuals who have been murdered. When officers arrive on scene, they find an original manuscript of a book close to the bodies of the victims and the fingerprints on the manuscript do not match any of the known occupants of the home. A review of the book reveals that the methods used in executing the murder, align directly with those contained in a book including the apparent method of entry, the type of weapon, the modifications to the weapon, the positioning of the bodies, the location, and number of shots, and how the scene was attempted to be concealed.
The book is published by local independent publisher, XYZ publishing (hereinafter XYZ). Further investigation reveals that the decedents had previously submitted transcripts for publishing to XYZ - both of which had been declined. Law enforcement approaches the owner of XYZ asking if she would be willing speak to them or allow them to search the and she refused.
Using what you've learned in Unit 1, respond to the following:
- Should this case be heard in state court or federal court? Why?
2. From your response to #1, what level of court should hear this case? i.e. circuit, district, supreme, etc.
3. Can law enforcement lawfully search the offices of XYZ?
A. If so, specify which amendment(s) would apply and the conditions that law enforcement would need to meet to use the amendment?
4. What constitutional protections, if any, apply to the publisher? (20 pts)
5. If there are any protections, do those protections prevent the government from pursuing criminal charges against the publisher?
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