Constiotutional Rights Paper

Essay by rhaskell August 2005

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Constitutional Rights Paper

Constitutional Rights Paper

Constitutional Rights and the U.S. Constitution

While arrests must be made regarding the fourth amendment of the United States Constitution, there are circumstances where search and seizure may be conducted with or without a warrant issued by a judge. It has become a recent trend that the majority of arrests conducted by law enforcement are conducted without warrants. "The common law in upholding the right of police officers to take a person into custody without a warrant if they have probable cause to believe that the person to be arrested has committed a felony or misdemeanor in their presence." ( While law enforcement would rather have a warrant to conduct a search and seize, they still have the option to make an arrest with probable cause or witnessing a crime in progress. However, the probable cause is based on the same standards as those set in the issuance of an arrest warrant.

Therefore, it does not give an officer the right to frisk or search an individual without having just cause. Failure to have just cause results in the police officer violating individual constitutional rights and opens the officer for grounds of a lawsuit.

With the implementation of the Health Insurance Portability and Accountability Act of 1996 (HIPPA) Privacy Rules that took effect on April 14, 2003 companies have had to reexamine the way they store and share employee information. Employers are responsible for maintaining health and personnel records in a manner that respects the employee's right to privacy. Just as important is for employers to update their policies concerning these rights to privacy. According to Karen L. Kahn, "Other personnel policies, such as those relating to FMLA leave and drug testing need to be revised to include provisions that state the employer...