Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A) They are privileged communications and therefore inadmissible as evidence against Bill.
B) They are protected by the Fifth Amendment and therefore are inadmissible.
C) They may be admitted as evidence since they were taken pursuant to a valid arrest.
D) They may be admitted as evidence only if Bill consented to a search of his offices.

Question

jingze zhang · Accepted Answer

Final Answer : C, Explanation :  The books may be admitted as evidence if they were obtained pursuant to a valid arrest, as they are considered physical evidence of a crime (fraud in this case) and do not fall under the protections of privileged communications or the Fifth Amendment, which protects against self-incrimination but does not apply to the possession of incriminating documents.

Definitions

Learning Objectives

Learning Objectives

Related questions