Which of the following is true regarding the right of the federal government to obtain business books and records?
A)The government has an absolute right to business books and records so long as a subpoena is issued by a grand jury.
B)Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination,but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination.
C)Obtaining books and records from a sole shareholder of a corporation and also from a sole proprietor based only upon a subpoena issued by a grand jury violates the right against self-incrimination.
D)The government has no rights to such records without a search warrant,and a grand jury subpoena is insufficient regardless of whether a sole proprietor or a corporate shareholder is involved.
E)Obtaining books and records from a sole shareholder of a corporation based only on a subpoena from a grand jury violates the shareholder's rights against self-incrimination,but seizing records from a sole proprietor in that manner does not violate rights against self-incrimination.

Question

Quizplus · Accepted Answer

A)In Braswell v.United States,the U.S.Supreme Court found that "subpoenaed business records are not privileged,and as a custodian for the records,the act of producing the records is in a representative capacity,not a personal one,so the records must be produced." The Court held that a subpoena on such records would violate the privilege against self-incrimination if a business is a sole proprietorship.
B)In Braswell v.United States,the U.S.Supreme Court found that "subpoenaed business records are not privileged,and as a custodian for the records,the act of producing the records is in a representative capacity,not a personal one,so the records must be produced." The Court held that a subpoena on such records would violate the privilege against self-incrimination if a business is a sole proprietorship.
C)In Braswell v.United States,the U.S.Supreme Court found that "subpoenaed business records are not privileged,and as a custodian for the records,the act of producing the records is in a representative capacity,not a personal one,so the records must be produced." The Court held that a subpoena on such records would violate the privilege against self-incrimination if a business is a sole proprietorship.
D)In Braswell v.United States,the U.S.Supreme Court found that "subpoenaed business records are not privileged,and as a custodian for the records,the act of producing the records is in a representative capacity,not a personal one,so the records must be produced." The Court held that a subpoena on such records would violate the privilege against self-incrimination if a business is a sole proprietorship.
E)In Braswell v.United States,the U.S.Supreme Court found that "subpoenaed business records are not privileged,and as a custodian for the records,the act of producing the records is in a representative capacity,not a personal one,so the records must be produced." The Court held that a subpoena on such records would violate the privilege against self-incrimination if a business is a sole proprietorship.

Which of the Following Is True Regarding the Right of the Federal