Does Marvin have any choice here?
Practical Management Science
6th Edition
ISBN:9781337406659
Author:WINSTON, Wayne L.
Publisher:WINSTON, Wayne L.
Chapter2: Introduction To Spreadsheet Modeling
Section: Chapter Questions
Problem 20P: Julie James is opening a lemonade stand. She believes the fixed cost per week of running the stand...
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Question
BUS 201

Transcribed Image Text:### Legal Rights and Business Records
**Scenario:**
Marvin has a small business that provides website preparation and hosting services to other small businesses that want to sell goods online. One day, a police detective visits his office and demands to see Marvin's business records related to one of Marvin's clients. Marvin is reluctant to provide these records due to the potential presence of confidential client information. Does Marvin have any choice here?
**Options Available to Marvin:**
1. **Invoke the 4th Amendment:**
- Marvin can refuse to turn over the business records unless the detective returns with a search warrant. This right is protected under the 4th Amendment to the U.S. Constitution, which guards against unreasonable searches and seizures.
2. **Immediate Compliance:**
- Marvin is required to turn over the requested business records right now.
3. **Invoke the 5th Amendment:**
- Marvin can refuse to turn over the business records unless the detective returns with a search warrant. This protection is granted by the 5th Amendment to the U.S. Constitution, which safeguards against self-incrimination.
4. **Invoke the 6th Amendment:**
- Marvin can refuse to turn over the business records unless the detective returns with a search warrant. This is protected by the 6th Amendment to the U.S. Constitution, which ensures fair legal proceedings for all individuals.
**Explanation of Rights:**
- **4th Amendment:** Protects individuals from unreasonable searches and seizures. Law enforcement must obtain a warrant based on probable cause to search and seize property.
- **5th Amendment:** Protects against self-incrimination, ensuring that individuals cannot be compelled to testify against themselves or provide incriminating evidence.
- **6th Amendment:** Ensures the right to a fair trial, including the rights to a speedy trial, impartial jury, and legal counsel.
**Conclusions:**
Marvin has the right to invoke constitutional protections, particularly the 4th Amendment, to refuse the detective’s request until a valid search warrant is presented.
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