Constitutional Rights Essay

1051 words - 4 pages

The Constitution of the United States, or Bill of Rights, was developed to protect individuals by enforcing certain laws throughout the land and is bound under the federal government and each state. The rights of individuals expand out to businesses, employees, and consumers. This paper will discuss two specific constitutional rights that may impact the employees of Huffman Trucking. Huffman Trucking will be doing an analysis of the search and seizure, privacy, and employee drug testing policies within the organization and determine if the constitutional rights of his or her employees are being violated. If Huffman Trucking is in violation of the constitutional rights of their employees, the company can and will be held criminally liable.Search and SeizureThe Federal Motor Carrier Safety Administration (FMCSA) has been interested in the "smart card' technology in order to be used for Hours of Service (HOS) compliance of truck drivers. All drivers would each have an electronic onboard recorder (EOBR) linked to a global positioning satellite (GPS) system. The EOBR would be installed on most trucks for the purpose of monitoring and enforcing compliance HOS regulations. This is desired by the FMCSA because this system would cut down or eliminate the falsification of HOS. Furthermore, this data would be available for anyone who enforces HOS regulations such as the owner, carrier, or law enforcement officer (OOIDA, 2006). The real-time electronic surveillance system, proposed by the government agency FMSCA, is close to the area of intruding on the Huffman driver's right of privacy. The Fourth Amendment grants persons the right to be "secure in our persons, houses, papers, and effects, against unreasonable searches and seizures, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized," (findlaw, 2007). For most of the men and women who drive for Huffman Trucking, the trucks are parked and located at their homes. The GPS-linked EOBR would be an invasion of privacy of the drivers of Huffman Trucking.Drug TestingWithin some businesses, it has been made a mandatory requirement for all intrastate truckers, commercial driver's license holders, and other transportation workers to participate in drug testing (ACOEM, 2007). Truckers are also monitored when they have to cross international borders due to a joint government agreement between the United States, Canada, and Mexico. While Federal regulations require testing before getting a job, along with random testing, some truck drivers believe that random testing should be even more frequent in order to ensure safety on the road. The drivers witness other drivers who are still taking drug stimulants to maintain alertness in an effort to drive long hauls.In the state of Arkansas, they have adopted a state database that contains all the positive drug test results from licensed Arkansas...

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