[Green Gold] Miles Owned a Factory in Which He Manufactured

[Green Gold] Miles owned a factory in which he manufactured furniture. Miles had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Miles asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Miles was charged with growing marijuana. Miles refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Miles was declared not guilty because there was no evidence against him. The agent was very angry and arrested Miles immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Miles that he should be tried again because the judge was incorrect. Miles is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free.
-When Miles was found not guilty, and the agent immediately arrested Miles again, the agent's actions would be found unconstitutional under ________.

A) the freedom of prosecution theory
B) the prosecutorial misconduct theory
C) the single trial defense
D) double jeopardy
E) the twice tried theory