search and seizure

Search and Seizure

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Table of Contents

I . Abstract 3

II . Introduction 4

III . Fourth Amendment 6

IV . Valid Warrantless Searches and Seizures 7

V . Privacy in the Workplace 9

VI . Privacy Violations in the Workplace 11

VII . Arguments Against Employee Monitoring 14

VIII . Arguments in Favor of Employee Monitoring 16

IX . Conclusion 21

X . Bibliographies 23

Abstract

A person 's right to privacy is one of the hallmarks of a true democracy . It restores the feeling of pride

in every person and reminds him that regardless of his sex , nationality or race , financial or economic status in life , he deserves to be respected because he is a human person . The right to privacy of private individuals against the state is well-settled . Not only the constitution but also the state and federal laws have provided for sufficient protection to private individuals against the acts of government officials . In the past years , however , the battle for the protection of the right to privacy is being fought not in houses , cars or in the streets but in offices and workplaces . Employees do not only have the right against discrimination , right to just compensation , right to just wages but to privacy as well . It seems , however , that security and privacy of the employees in the workplace is least respected . The recording of office phone conversations , videotaping of an employee 's every move in the workplace , searching of computer s , monitoring of computer strokes reading of incoming and outgoing email , tracking of location through company cell phones , security badge and requiring drug testing as a condition for employment are just some instances of the acts of intrusions of an employer against the privacy of his employee . As employees become more sensitive to their rights and as the technology becomes more intrusive , future litigations and suits involving millions of dollars in damages are most likely to arise

Introduction

The Fourth Amendment states that The right of the people to be secure in their persons , houses , s and effects against unreasonable searches and seizures shall not be violated , and no Warrants shall issue , but upon probable cause , supported by Oath and Affirmation , and particularly describing the places to be searched , or the persons or things to be seized ' The Fourth Amendment is essentially a limitation of the awesome and limitless power of the state . It is an affirmation of the right of the people against unreasonable searches and seizures It reiterates the time-honored rule that a person 's house is so sacred that not even the highest and mightiest monarch could enter it against the owner 's will

In essence , it is the `right to be let alone ' that is being protected by the Fourth Amendment . It requires that before any search is made the person subject of the search must either give his consent to the search or a valid search warrant is secured from the court . In the absence of these and the other exceptions to be discussed later , the search...