Question
Please answer the following question, Your supervising attorney has assigned you to a research project relating to her client, Daniel Kim. Daniel has a house
Please answer the following question,
Your supervising attorney has assigned you to a research project relating to her client, Daniel Kim. Daniel has a house in New Jersey. During the Covid-19 pandemic crisis in 2020, he has been working from home since March 2020. Bored alone at home and scared to go out for shopping, he started growing vegetables including lettuce, tomato, green onions, and kale in his backyard for his own consumption. He also started making handcraft works for fun. However, Congress passed a new commercial law, Retail Protection and Price Control Act (RPPC) in February 2020 in order to protect retailers by controlling the price. Congress has legislative intent to stimulate the economy and protect manufacturers and retails to keep a moderate inflation rate and a higher price for products. For this purpose, the RPPC also imposed penalties on individuals who grow agricultural products in his/her own home and manufacture crafts which adversely affect commerce. Under the RPPC, individuals must apply for a permit to grow agricultural plants and to make crafts in order to avoid penalties. FBI agents got information from informants on August 1, 2020, that Daniel Kim was growing agricultural products from his home. FBI agents started observing Daniel's home for three weeks. Daniel did not go out of his home for three weeks. Without a warrant, FBA could not see his backyard surrounded by homes to identify the vegetables grown. Failing to gather evidence to search and seize the home, FBI agents started collecting trash bags coming out of the home. Instead of directly picking up trash bags from the curbside, they asked for aid from the trash collectors who conveyed the bags after collecting. Searching the trash bags, the FBI agents found vegetable remnants and ugly failed crafts. They also found shredded papers that they could reassemble to prove that some crafts were actually sold online and got paid from other buyers. Finally, on September 1, the FBI was issued a warrant to search Daniel's home and found the vegetables in the backyard and in his refrigerators and crafts which were made on his table in a small room. Daniel was fined $20,000 to obstruct the commerce under the RPPC. Answer to the following questions: (1) Is Daniel liable? Is the RPPC constitutional? Provide your legal opinion on this case using the IRAC format (Issue, Rule, Application, Conclusion). (2) Is the search by FBI agents of the trash bags from Daniel's house legal? Provide your legal opinion on this case using the IRAC format (Issue, Rule, Application, Conclusion).
You may refer to the following cases:
Hempelle, 576
Wickard v Fillburn
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