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California is going through a severe drought and rhubarb famine.  The drought has made it to where this year’s rhubarb harvest is 85% less than it has been in previous years.  California legislators feel the need to do something to preserve this crop and limit its consumption.
 You are devout follower of the Rhubarbaism religion.  Part of tenents of your religion require the Rhubarbists members to partake in ceremonies at a Rhubarbaism church.  Most of the ceremonies require the consumption of large amounts of rhubarb in some form.  The state of California’s rhubarb consumption as a whole has increased nearly 70% over the past 5 years. Many economists and agriculturalists attribute this increased consumption due to the rapid growth of the Rhubarbaism religion.
Because of the rhubarb famine and Rhubarbists’ massive consumption of rhubarb, California passed a law prohibiting the creation of any additional Rhubarbist churches. Additionally, the law also made it illegal to possess more than 20 pounds of rhubarb in one dwelling.
You’ve been practicing your religion for many years and had planned to open up your own church in your home to convene the Rhubarbist message, fellowship with other Rhubarbists, and of course perform the Rhubarbist ceremonies that require consumption of rhubarb.  You hesitated opening your new church once you heard of the new church ban, but you really wanted the church and the rhubarb gods were calling you to open it so you decided to do it anyway.
One day you were walking on the street and someone you did not know randomly asked you if you knew of any new Rhubarbist churches opening up. You tell them, “You’re in luck! I’m starting my own. You should come join us!” You give the stranger your new church’s information.
The next week, while performing one of the rhubarb ceremonies in the new church at your home, the police bust inside, without a warrant, and start confiscating rhubarb.  It turns out that the random stranger inquiring about new churches was actually an undercover cop.  You are arrested for violating the statute that prohibits starting new churches as well as possession of more than 50 pounds of rhubarb.
Discuss the legal implications of this scenario.  Be sure to state the legal issues, state the law that applies, and finally state how a judge would decide and why. Specifically, be sure to address the first amendment, fourth amendment, fifth amendment, and criminal law issues. Be sure to thoroughly explain the reasoning behind each answer. Remember, the answer is not quite as important as your ability to explain the reasons why. Be thorough.  Your answers should be 300-500 words.

 

 

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