The most flourishing business persons understand the constitutional restriction to aid them in their firm's effective operations. Business leaders that know the law benefit from that know how. They recognize and comprehend the laws of United States constitution that plays a vital role in their capability to protect their freedoms (Kim, 2017). Business leaders who learn to interpret and understand the requirements of the constitution will be leading to operating firms that are successful. In the United States law, the Fourth Amendment is an essential section understood as the Bill of Rights (Lair, 2014). The provision was created to protect the country’s populace and their properties.
Unlawful detention, searches and confiscate of items are some of the freedoms provided for in the Fourth Amendment (Findlaw, 2018 b). The amount of freedom that is given to a person is determined by the character of detention, the situation at the location of search and the status of the exploration. The protection of the Fourth Amendment could cause a rise in various situations including home or residence search, business seizure or other items being taken away by search officers (HG.org, 2018). Law enforcers in most cases must obtain a legal search warrant, but in other instances, the officers are permitted to search and confiscate if they have a probable cause that an individual may have committed an offense (Buren, 2017).
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The benefits of Fourth Amendment to the populace and their businesses are that it protects them from unjustifiable searches and seizure of their properties (Garrett, 2014). The Amendment prevents officers or law enforcers from penetrating in a location where a person has a legal expectation of confidentiality, grounded on the purpose and personal tests without justified or other safeguards that guard him/her against unreasonable search (Findlaw, 2018 a). However, the amendment also helps the authorities as it allows them the freedom to search and confiscate evidence from a person or businesses alleged of unlawful conducts that could result in public harm. Also, the expectation of privacy by a business owner in commercial property is less than confidentiality interest given to a private homeowner.
Employers frequently warn their workers regarding the proper use of computer and phone equipment plus the employer's freedom to examine the use of the equipment (Kosseff, 2015). Employees still make use of these equipments to engage in individual, private and sometimes in habits that are unlawful. Employers collect evidence which is shared with law enforcers, providing grounds for legal changes allegedly on the offending employee. In several situations, it would be suggested that the gathered evidence by the employer is subjected to scrutiny under the Fourth Amendment (Leibman, 2009). The base of the argument could be outlined as the privacy and confidentiality of an individual employee. When a state action brings the Fourth Amendment into reflection, there is the existence of a conflict between person expectations of confidentiality and employer’s assertion intended to avoid those expectations from happening (Barnes, & Thornburg, 2018).
References
Barnes & Thornburg LLP. (2018). Corporations and unreasonable searches and seizures: does the Supreme Court’s decision in Riley v. California Signal the rebirth of the 4th Amendment in white collar cases. The National Law Review . Retrieved on 22 February 2018, from https://www.natlawreview.com/article/corporations-and-unreasonable-searches-and-seizures-does-supreme-court-s-decision-ri.
Buren, P. (2017). 4 ways the Fourth Amendment won't protect you anymore. Retrieved on 22 February 2018, fromhttps://www.motherjones.com/politics/2014/06/how-fourth-amendment-not-protect/.
Findlaw. (2018a). When the Fourth Amendment Applies. FindLaw . Retrieved on 22 February 2018, fromhttp://criminal.findlaw.com/criminal-rights/when-the-fourth-amendment-applies.html.
Findlaw. (2018b). Search and Seizure and the Fourth Amendment. FindLaw . Retrieved on 22 February 2018, fromhttp://criminal.findlaw.com/criminal-rights/search-and-seizure-and-the-fourth-amendment.html.
Garrett, B. (2014). The constitutional standing of corporations . Retrieved on 22 February 2018, fromhttp://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9460&context=penn_law_review.
HG.org. (2018). What does the Fourth Amendment protect? Retrieved on 22 February 2018, fromhttps://www.hg.org/article.asp?id=34259.
Kim, J. (2017). Fourth Amendment . Retrieved from https://www.law.cornell.edu/wex/fourth_amendment.
Kosseff, J. (2015). Should Tech Companies Be Subject To The Fourth Amendment? Retrieved on 22 February 2018, fromhttps://techcrunch.com/2015/12/13/should-tech-companies-be-subject-to-the-fourth-amendment/
Lair, M. (2014). Business and Fourth Amendment benefits . Retrieved on 22 February 2018, fromhttps://mayrsom.com/2014/12/08/business-and-fourth-amendment-benefits/.
Leibman, A. (2009). Fourth Amendment protection for electronic privacy in the workplace .Retrieved on 22 February 2018, fromhttp://www.foxrothschild.com/publications/fourth-amendment/protection/for/electronic/privacy/in/the/workplace/.
