1. The 4th Amendment of The Constitution of the United States of America reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by Oath or affirmation, and particularly describe the place to be searched, and the persons or items to be seized” (Seaquist, 2012, Appendix A).  The 4th amendment protects a person and business from being illegally searched without just cause.  Illegal searches protect businesses because it protects their privacy as well as the privacy of employees because personal employee information is linked to company.  Businesses do not have to fear unreasonable or illegal searches which could result in negative publicity.  The 4th amendment limits businesses because if there was a company who was illegally conducting business, there would be nothing that could be done about it without a search warrant which could not be issued without probable cause.  It could be detrimental to the honest company if the company that was doing business illegally was the competition.  An example that I have encountered at my work is that I had to sign a form stating that if I chose to use my personal phone, for business purposes that the corporation could search my phone and even delete all of the data on it if they deemed it necessary.  Most places of employment have employees sign notices that make the employee aware that their work emails, phones, etc. can be searched if deemed necessary.  While this may feel like an invasion of privacy, it protects businesses from unlawful conduct of employees.  For example, I became aware of an employee playing games on Facebook while at work.  As a result, Facebook was blocked from all employee computers.  2. The power of a nation lies in its people and the beliefs they live out daily. The United States was founded on specific principles that over time was defined and became the very basis for its constitution. This document has withstood the test of time and when it fell short was amended to reflect the conscious of a collective nation. One particular part that rings true to me is “We hold these truths to be self-evident, that all men are created equal and are endowed by their creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. This small phrase hints at that every person regardless of socioeconomic backgrounds, ethnicity, or even gender has intrinsic value and worth. Additionally, to further drive this point home the United States constitution developed several amendments that address specific rights. I would like to focus on the 5th Amendment. The fifth amendment states “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in ...

1. 1. The 4th Amendment of The Constitution of the United States
of America reads, “The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants
shall be issued, but upon probable cause, supported by Oath or
affirmation, and particularly describe the place to be searched,
and the persons or items to be seized” (Seaquist, 2012,
Appendix A).
The 4th amendment protects a person and business from being
illegally searched without just cause. Illegal searches protect
businesses because it protects their privacy as well as the
privacy of employees because personal employee information is
linked to company. Businesses do not have to fear unreasonable
or illegal searches which could result in negative publicity.
The 4th amendment limits businesses because if there was a
company who was illegally conducting business, there would be
nothing that could be done about it without a search warrant
which could not be issued without probable cause. It could be
detrimental to the honest company if the company that was
doing business illegally was the competition.
An example that I have encountered at my work is that I had to
sign a form stating that if I chose to use my personal phone, for
business purposes that the corporation could search my phone
and even delete all of the data on it if they deemed it
necessary. Most places of employment have employees sign
notices that make the employee aware that their work emails,
phones, etc. can be searched if deemed necessary. While this
may feel like an invasion of privacy, it protects businesses from
unlawful conduct of employees. For example, I became aware
of an employee playing games on Facebook while at work. As a
result, Facebook was blocked from all employee computers.
2. The power of a nation lies in its people and the beliefs they
live out daily. The United States was founded on specific
principles that over time was defined and became the very basis

2. for its constitution. This document has withstood the test of
time and when it fell short was amended to reflect the conscious
of a collective nation. One particular part that rings true to me
is “We hold these truths to be self-evident, that all men are
created equal and are endowed by their creator with certain
unalienable rights; that among these are life, liberty, and the
pursuit of happiness. This small phrase hints at that every
person regardless of socioeconomic backgrounds, ethnicity, or
even gender has intrinsic value and worth. Additionally, to
further drive this point home the United States constitution
developed several amendments that address specific rights. I
would like to focus on the 5th Amendment.
The fifth amendment states “No person shall be held to answer
for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall
private property be taken for public use, without just
compensation” (Seaquist, 2012).
The fifth amendment summarized protects the individual from
self-incrimination, wrongful imprisonment, and removal of
personal property without just compensation. This amendment
ensures due process in all areas is given. The fifth amendment
helps businesses by providing protection against rogue, greedy,
and unscrupulous government practices. Without the fifth
amendment, business owners could be thrown into jail for
perceived crimes and all assets seized for government or other
entities personal gains. The fifth amendment also prevents
citizens from being tried again for crimes they were previously
exonerated from. The fifth amendment limits businesses from
placing indictments against others without just verifiable cause.
I currently serve in the military (the amendment refers to the

3. military as militia). The military has its own justice system
called the Uniform Code of Military Justice (UCMJ for short).
Due to the nature of military profession good discipline and
order is key to protecting civilians from would be adversaries
that seek to do America harm. Understanding this simple truth,
limits the military members rights. The military member has all
the same rights but because of possible combat scenarios that
could deteriorate into inhumane treatment of the enemy, extra
rules of engagement are levied on them.
About 4 years ago I had the privilege of being a part of a UCMJ
proceedings. I advised the accused member of their rights and
they waived them. As the interview went on, I advised the
member to stop talking and invoke the fifth amendment because
as he was speaking truthfully, he also was providing
incriminating information that had the potential to end his
career. He immediately stopped talking but the defense lawyer
was not happy. He accused me of derailing his case. Long story
short, the very issue the member was being accused of was later
found out that he was innocent. The deceptive questioning
techniques used could have caused the lost of outstanding
military member. In this case the Fifth Amendment protected
the military member.
3.
An LLC is a business entity that is legally separate from its
owners, who are known as members. An LLC can have one
member or many members. Small business owners often choose
to form an LLC instead of a corporation because LLCs offer
more flexibility in the way they are managed and usually have
fewer recordkeeping and reporting obligations than
corporations. An S corporation is not a type of business entity.
The S corp. designation refers to the way a business has chosen
to be taxed under the Internal Revenue Code.
For tax purposes, the IRS classifies businesses as sole
proprietorships, partnerships, C corporations, or S corporations.

4. There is no LLC tax classification and, therefore, LLCs are
taxed as though they are another type of business. The IRS
automatically taxes single-member LLCs as sole proprietorships
and multi-member LLCs as partnerships. But an LLC can also
choose to be taxed as a C corporation or as an S corporation.
I would choose the LLC as the organizational form of my
business because LLCs afford a degree of flexibility in
management that corporations don’t and can be managed by
their owners (members) or a group of managers. An LLC is a
pass-through business entity. Profits and losses of the
organization go straight through to the owners. Business income
equals personal income, so the owner pays the tax on his or her
personal return, and it's taxed at the individual rate.
4. The main ideas behind a business venture are to either make a
profit or for humanitarian and philanthropic purposes. When
deciding to start a business, there are several things to consider;
including how to raise capital and the form of ownership. By
taking into consideration the advantages of the various types of
businesses, the individual can identify the best fit for their
ideas. For example, most people starting a business prefer
registering as a Limited Liability Company (LLC), due to the
various advantages it comes with it.
One of the reasons most people register businesses as LLC is
that there is less paperwork involved in filing for this status of
the company. With all the required documents, it is also easy to
register a firm as an LLC. An LLC offers personal protection
from an individual's asset during litigation or bankruptcy filing
involving the business entity. If the owner can prove that their
actions were not grossly negligent or fraudulent, the owner is
protected from any losses the business may incur. Also, if a
single-member entity owns an LLC, they can avoid paying
taxes. The business owner can claim liability for tax purposes.
Having an LLC allows the individual to take advantage of the
tax benefits associated with such a business entity (Taulli

5. 2016).
In comparison to an LLC, a corporation can be public or
private. A Public Corporation can be organized by local
municipalities or government entities to carry out public
services, and are considered non-profit institutions. Private
Corporations, on the other hand, are established by individuals
to carry out private services and are meant to make a profit for
the people who created it. The corporation can be either chapter
S- which means they are a small business corporation and are
granted tax exemption by the Internal Revenue Service. In order
to qualify for such a status, the business must have no more
than 100 members. Also, an estate cannot represent the
business; it has to be represented by an individual, and have a
nonresident alien as a shareholder. Finally, a corporation S must
have more than one class of stock, but voting and nonvoting
classification within a category of a stock is allowed. The main
idea behind a chapter S corporation is to ensure that a small
business enjoys the structure and benefits of a large corporation
but is not double taxed. Big corporations that have an unlimited
membership, publicly traded, and have a large number of
shareholders, both domestically and internationally, are
considered corporation C (Seaquist & Coulter 2012).
If I were to establish a business, I would prefer the LLC. This is
because, as a new business owner, I would prefer to save time
by easily filing paperwork to get the business started. Apart
from that, as an owner, I am assuming most of the risk by
investing my personal funds; hence, I would like to protect all
of my personal funds in the event of any litigation, or if the
company incurs any losses. The ability to utilize tax deductions
in order to offset some of my personal losses when filing
personal taxes would allow me to recoup some of the funds I
invested in the business in the long run.