CCJS321 Project 1
Project 1 – The Right to Search
CCJS 321 Digital Forensics
University of Maryland University College
July 3, 2015
Project 1 – The Right to Search
1. Can you as the investigator, or Mr. Yourprop’s supervisor, search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence?
In this scenario - assuming Makestuff Company has a policy in place for searching employee's personal property while on Company premises - a search of Mr. Yourprop's personal vehicle by the Company is justified (Workplace Searches, 2015). During his exit interview, Mr. Yourprop was acting very conniving and saying things that give the Company probable cause to believe he may be stealing their intellectual property. Because the intellectual property would be in digital form as Project X is programming code, it's reasonable for the Company to be searching for digital evidence either in Mr. Yourprop's vehicle or on his person. Also, seeing as that the personal vehicle is currently on Company property, according to the policy it's fair game. It is important remember is that this is not a random search, but one that is based upon a reasonable suspicion that the employee is stealing intellectual property.
Of course, if Mr. Yourprop refuses to allow his vehicle to be searched the Company cannot just push him out of the way and search it themselves. This the point where the Company would need to call law enforcement and allow them to handle the situation. The same goes for if the car is locked (Employees: Privacy in the Workplace, 2015).
2. If evidence of the 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?
When it comes to search and seizure of personal property, law enforcement is required to abide by the U.S. Constitution, in particular the Fourth Amendment. The Fourth
CCJS 321 Digital Forensics
University of Maryland University College
July 3, 2015
Project 1 – The Right to Search
1. Can you as the investigator, or Mr. Yourprop’s supervisor, search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence?
In this scenario - assuming Makestuff Company has a policy in place for searching employee's personal property while on Company premises - a search of Mr. Yourprop's personal vehicle by the Company is justified (Workplace Searches, 2015). During his exit interview, Mr. Yourprop was acting very conniving and saying things that give the Company probable cause to believe he may be stealing their intellectual property. Because the intellectual property would be in digital form as Project X is programming code, it's reasonable for the Company to be searching for digital evidence either in Mr. Yourprop's vehicle or on his person. Also, seeing as that the personal vehicle is currently on Company property, according to the policy it's fair game. It is important remember is that this is not a random search, but one that is based upon a reasonable suspicion that the employee is stealing intellectual property.
Of course, if Mr. Yourprop refuses to allow his vehicle to be searched the Company cannot just push him out of the way and search it themselves. This the point where the Company would need to call law enforcement and allow them to handle the situation. The same goes for if the car is locked (Employees: Privacy in the Workplace, 2015).
2. If evidence of the 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?
When it comes to search and seizure of personal property, law enforcement is required to abide by the U.S. Constitution, in particular the Fourth Amendment. The Fourth
References: Employee Handbooks. (2014, May 8). Retrieved from Society for Human Resource Management: http://www.shrm.org/templatestools/hrqa/pages/signeehandbook.aspx Employees: Privacy in the Workplace. (2015). Retrieved from Lawyers.com: http://labor-employment-law.lawyers.com/employees-privacy-in-the-workplace.html#six Employers ' right of search. (2015). Retrieved from Right Hand HR: http://www.rhhr.com/employers-right-of-search/ K-Mart Corp. v. Trotti, 677 S.W.2d 632 (Court of Appeals of Texas, Houston First District 1984). Privacy at Work: What Are Your Rights? (2015). Retrieved from FindLaw: http://employment.findlaw.com/workplace-privacy/privacy-at-work-what-are-your-rights.html Scripps Howard News Service. (2013, August 18). Can your Company search your personal belongings at work? Daily Republic, p. B8. Retrieved from Daily Republic: http://www.dailyrepublic.com/uncategorized/can-your-company-search-your-personal-belongings-at-work/ Searches at Work - Legal Issues to Consider. (n.d.). Retrieved from Texas Workforce Commission: http://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html U.S. Const. amend. IV. Workplace Searches. (2015). Retrieved from Workplace Fairness: https://www.workplacefairness.org/workplace-searches#5