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Search and Seizure
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
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 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...