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II0-001 · Question #197

Auditing that discovers evidence of a crime can't be used as evidence because:

The correct answer is A. It can be used as evidence. Audit evidence discovered during a legitimate audit can be used in criminal proceedings because auditors are not law enforcement agents, and the organization typically consents to the audit - meaning no constitutional violation occurs. Option B is wrong because Miranda rights…

Question

Auditing that discovers evidence of a crime can't be used as evidence because:

Options

  • AIt can be used as evidence
  • BIt violates the Miranda Act
  • CIt violates search and seizure laws
  • DIt violates the 9th amendment to the Constitution

How the community answered

(35 responses)
  • A
    74% (26)
  • B
    3% (1)
  • C
    14% (5)
  • D
    9% (3)

Explanation

Audit evidence discovered during a legitimate audit can be used in criminal proceedings because auditors are not law enforcement agents, and the organization typically consents to the audit - meaning no constitutional violation occurs. Option B is wrong because Miranda rights pertain to custodial police interrogations, not documentary findings from an audit. Option C is wrong because Fourth Amendment search-and-seizure protections guard against unreasonable government searches, not authorized private audits that the auditee agreed to. Option D is wrong because the Ninth Amendment addresses unenumerated rights retained by the people and has no bearing on evidence admissibility.

Memory tip: Think "auditors aren't cops." Constitutional evidence rules target law enforcement overreach, not authorized business audits - so anything uncovered during a properly authorized audit goes straight to the courtroom.

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