This website uses cookies to ensure you have the best experience. Learn more

Search And Seizure Essay

6195 words - 25 pages

p. PAGE 5
Search and SeizureNameProfessorSchoolDateTable of ContentsI. Abstract 3II. Introduction 4III. Fourth Amendment 6IV. Valid Warrantless Searches and Seizures 7V. Privacy in the Workplace 9VI. Privacy Violations in the Workplace 11VII. Arguments Against Employee Monitoring 14VIII. Arguments in Favor of Employee Monitoring 16IX. Conclusion 21X. Bibliographies 23AbstractA 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 files, 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.IntroductionThe Fourth Amendment states that "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 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...

Find Another Essay On Search and Seizure

Mapp vs. Ohio: Illegal Search and Seizure

1198 words - 5 pages Mapp vs. Ohio: Illegal Search and Seizure The case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Dollree Mapp

The Exclusionary Rule Protects You From Illegal Search and Seizure

2494 words - 10 pages One controversial aspect of the Fourth Amendment is of how courts should seize evidence obtained illegally. The rights guaranteed by the Fourth Amendment in the Bill of Rights states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, it does not explain clearly what an unreasonable search or seizure is and in what cases a police

Search and Seizure

582 words - 2 pages Although people in the United States are entitled to privacy and freedom there is a limit to that privacy. State or federal officers are allowed where justified to search your car, house, property in order to seize illegal items such as drugs, illegal weapons, stolen goods just to name a few. When the police do searches it can be for various reasons it depends on the situation. They can have a search warrant to go into a premises and

Rogerian argument as to why we as U.S. citizens need better clarification of the probable cause definition surrounding search and seizure laws

1102 words - 4 pages committed a crime."Prior to the framing of our Constitution, in regards to search and seizure laws, the government had virtually unlimited power to believe, right or wrong, that any illegal items they were looking for would be found. To protect against abuses that come with this kind of power, the framers of our constitution added a probable cause requirement" (Probable Cause 1).The Fourth Amendment to the U. S. Constitution reads as follows

The Public Schools' Right to Search and Seizure

814 words - 3 pages Public school's right to search student lockers. The school locker is usually the only private space available to a student in the environment of the school. So it focuses many of the main issues involved in privacy of the students. The 4th Amendment of the US Constitution states “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

Search and Seizure that People See in The Media

985 words - 4 pages Most encounters to seizures and searches are shared events a person sees in the media or news. The constitutional rights to basic privacy have frequently controlled to clashes between several private citizens and the officers of the law. An officer performing their duties will sometimes have to make fast decisions which at times may not seem to be thought out thoroughly. Many people engaged in criminal actions, and as long as there is people who

Search & Seizure in the United States: An Unbiased Guide

2797 words - 11 pages this amendment, and how it doesn't apply simply to police officers, but to many other people in their lives. The main sections of the Fourth Amendment that come under the courts' review are the phrases of person, houses, papers, and effects, unreasonable searches and seizures, and probable cause. Each of the following Supreme Court cases deals with one (or more) of these wordings which are subject to interpretation.A search and seizure court case

Justice Systems and Citizens Security

1767 words - 8 pages to whether there is a miscarriage of justice as highlighted in Regina (Rottman) v Commissioner of Police of the Metropolis. This case questioned whether there was an infringement of Article 8 of the Human Rights Act by the Police upon the Claimant whereby the Police overextended their common law power in performing a search and seizure without a warrant. In the case of Rottman v Commissioner of Police of the Metropolis, Mr. Michael Rottman (the

The Exclusionary Rule

941 words - 4 pages to deter police misconduct. Generally it does not apply to evidence obtained by private citizens because it would usually have not deterrent effect. Most private citizens are unfamiliar with constitutional rules such s those governing search and seizure, have no reason to learn them, and would not be disciplined for violating them. Federal-State Conflict Individual states do not need to follow all interpretations of the U.S. Supreme Court in

Balancing 4th Amendment Rights

664 words - 3 pages defines the rights of individuals from unlawful search and seizure within the framework of the 4th Amendment. The protection against unlawful search and seizure in the 4th amendment becomes meaningless if that protection can be circumvented through the use of illegally obtained evidence (during the search and seizure). Prior to the ruling in Mapp v. Ohio in 1961 thirty states, including Ohio, had rejected the exclusionary rule put in place in the case

Case Study: The Exclusionary Rule

1686 words - 7 pages criminal trial," (Schmalleger, 2011, p. 221).Since 1914, through a series of Supreme Court cases, the exclusionary rule evolved in U.S. law. Initially, the Supreme Court was concerned with how the police use illegal means to seize evidence in search and seizure cases, in which was in violation of the Constitution and use that evidence to get a conviction in court. By 1961, the Supreme Court "applied the exclusionary rule to state courts and law

Similar Essays

Search And Seizure Essay

1162 words - 5 pages Law enforcement officers are known to “hunt for property or communications believed to be evidence of crime, and the act of taking possession of this property,” also known as conducting a search and seizure. It is a necessary exercise in the ongoing pursuit of criminals. Search and seizures are used to produce evidence for the prosecution of alleged criminals. Protecting citizens from arbitrary searches, the Fourth Amendment of the Constitution

Search And Seizure Essay

1453 words - 6 pages attaining the proof. Without the proof, the prosecutor may drop the case or lose the blame for lack of confirmation. This law offers various substantive defenses in opposition to unlawful search and seizure. Under the good faith exception, evidence obtained in violation of a person's Fourth Amendment rights will not be excluded from trial if the law enforcement officer, however mistaken but acts sensibly.Under this policy, a court might eliminate

Search And Seizure In Schools Essay

1717 words - 7 pages to warrant an arrest or search and seizure. However, because the Bill of Rights may be vague in its’ description of what constitutes “probable cause,” many cases have been brought before the Supreme Court to debate whether there was sufficient evidence for a search or seizure to take place, and some of these cases have dealt with searches and seizures in schools. One major Supreme Court case took place in 1984 and focused on the issue of

Protocol For A Constitutional Search And Seizure

694 words - 3 pages Protocol for a Constitutional Search and Seizure Balancing the parameters of the Fourth Amendment1 can be a delicate matter. Search and seizure is an integral part of law enforcement; however, it must be handled to the letter of the law protecting the rights of all parties involved. According to the Emergency Doctrine2, probable cause3 in addition to exigent circumstances4 under Article 14.05 of the Code of Criminal Procedure may afford the