Paul suspects that his girlfriend Jen, who does a significant amount of photography on a freelance basis from her home, is cheating on her income taxes. One day he and Jen have a big argument, and she tells him to get lost. The next weekend, while Jen is out with her new boyfriend, Paul uses his spare key to her house and goes in to her home office. He goes through the records she keeps of her

Question

receipts and checks, as well as copies of her income tax filings. Just as he suspected, Jen was taking significant cash payments without paying tax. He took the incriminating records to the Internal Revenue Service. Jen was later arrested for income tax evasion. She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search. Which of the following is true regarding her claim?
a. She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained should be excluded from the trial.
b. She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained should not be excluded from the trial.
c. She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do so.
d. She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions.

Answer 1

d