Case summary:Federal officers had obtained a warrant to arrest the person N on charges of credit card fraud and identity theft. They arrested the person N outside her house. During the execution of a warrant for the arrest of the person N, the officers spotted another woman and a caged pit-bull inside the house, and suspected N’s boyfriend to be inside. N’s boyfriend has a criminal record and is also a suspect of identity theft. The officers immediately searched the areas in the house where a person could hide.
To find:Whether the evidence revealed in the protective sweep is admissible during the person N’s trial.
Trending nowThis is a popular solution!
Chapter 10 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
- Brenda Brandt was admitted to Sarah Bush Lincoln Health Center (Health Center) to receive treatment for urinary incontinence. During the course of an operation, the doctor surgically implanted a ProteGen Sling (sling) in Brandt. Subsequently, the manufacturer of the sling, Boston Scientific Corporation, issued a recall of the sling because it was causing medical complications in some patients. Brandt suffered serious complications and had the sling surgically removed. Brandt sued Boston Scientific Corporation and Health Center for breach of the implied warranty of merchantability included in Article 2 (Sales) of the Uniform Commercial Code (UCC). Health Center filed a motion with the court to have the case against it dismissed. Health Center argued that it was a provider of services and not a merchant that sold goods, and because the UCC (Sales) applies to the sale of goods, Health Center was not subject to the UCC. Health Center proved that Brandt’s bill was $11,174.50 total charge…arrow_forwardIn partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?arrow_forwardDescribe the two major requirements that the government must prove to establish that a defendant engaged in a pattern of racketeering activity.arrow_forward
- Jacqueline was the bookkeeper for Vop, Inc. To pay a gambling debt, Jacqueline took $5,000 in cash that was to be deposited in Vop's bank account. Jacqueline then altered Vop's accounting records to hide her actions. In a criminal case against Jacqueline, what is the burden of proof? Preponderance of the evidence. O Clear and convincing evidence. Beyond a reasonable doubt. Probable cause.arrow_forwardRaoul was the vice president (VP) of sales and research at Whaddadeal Business Inc., where he often made very large contracts on behalf of the corporation. Whaddadeal has fired Raoul, and within 15 minutes of the termination - Raoul uses his special company provided Internet account as VP as well as other company provided electronics to leave a Whaddadeal Business Inc. "signature" for recipients of voice, data, or text: Raoul thus buys thousands of dollars of merchandise from one of Whaddadeal Business Inc.'s suppliers under the guise of still working for Whaddadeal Business Inc. When the supplier does not receive payment, she sues Whaddadeal Business Inc. Is it likely that the supplier will win the lawsuit? No, because a vice-president ordinarily does not have authority to act as an agent. O Yes, as a matter of respondeat superior. O Yes, because Whaddadeal Business Inc. has lingering authority. O No, because there was no actual authority. O Yes, due to apparent authority.arrow_forwardA gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and, similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain.arrow_forward
- Bimbo Bakeries USA, Inc., sought an injunction to prevent Chris Botticella, a senior executive, from working for one of Bimbo’s competitors, Hostess. Among other trade secrets at issue in the lawsuit is the recipe for Thomas’ English Muffins, which are estimated to account for approximately $500 million in Bimbo’s annual sales income. Botticella is alleged to be one of only seven people who possess all of the knowledge necessary to independently replicate the muffins. Should the court issue the injunction? If so, for how long?arrow_forward2arrow_forwardSubject: Business Law and Regulations Topic: Nonstock corporation ABC Foundation engaged in providing feeding programs to homeless children and giving of food packages to victims of calamities using the funds of the foundation for this purpose. Mr. X, who is a member of the foundation is in a quandary as to whether or not the practice of the foundation in using its funds for the mentioned purposes is valid. He is quite fearful that with recent surge in calamities, it might deplete the resources of the foundation, and therefore, affect his own interest having made a contribution therein. He intends to question this practice of the foundation. Is his intention meritorious?arrow_forward
- 3. under Florida statute which of the following violations would be considered a felony Falling to cooperate with the Department during an investigation Overcharging for a premium by 200% Providing false information on a license application Transacting insurance without the proper license Oarrow_forwardPLS HELP ASAParrow_forwardH. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…arrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education