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The FBI was conducting electronic surveillance of a mafia cell in New York City. At one end of the telephone conversation, a voice indicated that

The FBI was conducting electronic surveillance of a mafia cell in New York City. At one end of the telephone conversation, a voice indicated that "I will remove the problem and bury it in the Hudson River before the trial." The following week a key witness against a Mafia boss in a RICO prosecution disappeared. A federal grand jury has issued a subpoena to Rudy to appear in the district attorney's office to provide a voice exemplar, i.e., Rudy would read a transcript and his voice would be compared with that heard on the phone wiretap. Rudy's attorney seeks to quash the subpoena.

Will he be successful?

a No, because this is a minor intrusion

b No, because the sound of a person's voice is exposed to the public and there is no privacy interest

c Yes, because this is an illegal search and requires a warrant

d Yes, because this is a violation against the self-incrimination clause of the 5th Amendment

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