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Project One

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Can you (or Mr. Yourprop’s supervisor) search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer.
I or Mr. Andfirum cannot search Mr. Yourprops’s vehicle. It wouldn’t be a fourth amendment violation it would be a trespassing violation (Author, F) and Mr. Yourprops could sue the company for trespassing for searching his car weather or not if the car is on their property or not UNLESS there’s a acknowledge receipt that’s been signed by Mr. Hirum Andfirum which he is aware that he is subject to search but that normally applies to individuals on or in property not outside of the property.
2. If evidence of this theft of intellectual property can be found, Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot? Support your answer.
Yes, if there is evidence of theft of intellectual property found Makestuff Company can see criminal prosecution. The fourth amendment protects the people’s right to be secure on their person, houses papers and private property against UNREASONALBE SEARCHES and in order for police to take action to conduct In order for police to search property they must have either a warrant or a probable cause (Madison, J.) A probable cause is evidence that PROVES the act of a crime was committed by an individual or reasonable ground in order to search an individual belongings. If Makestuff Company provides that then yes, they can pursue criminal prosecution.

3. Can (or Mr. Yourprop’s supervisor) search Yourprop’s assigned locker in the Company’s on-site gym for digital evidence? Support your answer. Yes, if this is on their property the company has every right to search Mr. Yourprops locker for digital evidence. Employees usually have fewer privacy rights at work on property as to off property, Employers can search lockers and a lot to time people think that they have an expectation of privacy when it comes to their locker but they don’t in areas such as a lockers or computers or anything that’s the property of the company. Mr. Andfrium would be protected from being sued against Mr. Yourprops in court. (Author, F)
4. Can (or Mr. Yourprop’s supervisor) use a master key to search Yourprop’s locked desk after he has left the premises for digital evidence? Support your answer. No, Mr. Andfrium cannot search a locked desk. Employees are protected by law, they have a reasonable expectation of privacy. The law protects and prevents supervisors from searching employees at their convenience. What’s considered expectation of privacy is on the nature of the work and determined on a case-by-case basis and balls down to the facts that are shared for the search. If Mr. Andfrium decides to search Mr. Yourprop’s without a good reason Mr. Andrium can be sued. (Fairness, W)
5. There is a page in the Company’s “Employee Handbook” that states that anything brought onto the Company’s property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. Yourprop has a copy of the handbook but never signed the page. Does that matter? Explain.

Yes, Mr. Yourprop’s is still subject to search upon entering the building. Anyone who steps onsite is subject to search whether you are an employee or not and the handbook acknowledgement doesn’t protect people from not being search but I highly advise that Makestuff Company have a probable cause to protect themselves in court if it happens to get to that point. The acknowledgment is not required by law for employees to sign. (HR, S)
6. Makestuff Company uses a security checkpoint at the entrance to the building. A sign adjacent to the checkpoint states that the purpose of the checkpoint is for security staff to check for weapons or other materials that may be detrimental to the working environment or employee safety. Screening is casual and usually consists of verification of an employee’s Company ID card. Can security staff at this checkpoint be directed to open Mr. Yourprop’s briefcase and seize any potential digital evidence? Support your answer. Yes, upon entering or leaving the building the building once the screening process starts there is no turning back. If Makestuff Company security finds sensitive items on his possession he can be prosecuted depending on how the company wants to carry the situation especially if this is a federal building. The security can take his brief case and open it themselves if they want to they don’t have to physically have Mr. Yourprop’s open it and if they find government property on his person without consent he can be prosecuted.

References

Author, F. (2015, October 27). Privacy at Work: What Are Your Rights? - FindLaw. Retrieved October 27, 2015.
Author, F. (n.d.). Trespassing - FindLaw. Retrieved October 27, 2015.
Fairness, W. (2015, October 28). Workplace Fairness. Retrieved October 28, 2015.
HR, S. (2014, May 8). Employee Handbooks: Should employees be required to sign an acknowledgment form for the employee handbook? What if an employee refuses? Retrieved October 27, 2015.
Madison, J. (1795). Fourth Amendment. Retrieved October 27, 2015.
Specialist, H. (2008, November 8). Can you legally search a worker’s locked desk? Retrieved October 27, 2015.

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