Problem: Federal regulators suspect a crime like insider trading, and before they arrest anyone or secure a court warrant, in writing they demand a business like a partnership or corporate turn over its business records that could help the government prove the crime. What constitutional protection is available to the business?
- The Fourth Amendment protection against unreasonable searches (e.g., search without a court warrant)
- The Fourth Amendment protection of a reasonable expectation of privacy
- None; neither the Fourth nor the Fifth Amendment apply here.
- The Fifth Amendment Miranda rule against self-incriminating during a custodial interrogation (after police arrest a person, the police ask incriminating questions)