The Constitution of the United States, or Bill of Rights, was developed to protect individuals by enforcing certain laws throughout the land and is bound under the federal government and each state. The rights of individuals expand out to businesses, employees, and consumers. This paper will discuss two specific constitutional rights that may impact the employees of Huffman Trucking. Huffman Trucking will be doing an analysis of the search and seizure, privacy, and employee drug testing policies within the organization and determine if the constitutional rights of his or her employees are being violated. If Huffman Trucking is in violation of the constitutional rights of their employees, the company can and will be held criminally liable.
Search and SeizureThe Federal Motor Carrier Safety Administration (FMCSA) has been interested in the "smart card' technology in order to be used for Hours of Service (HOS) compliance of truck drivers. All drivers would each have an electronic onboard recorder (EOBR) linked to a global positioning satellite (GPS) system.
Master Sgt. Urbano Sosa demonstrates the job of an...
Provisional Head of Navigation of Wolf River, near...
Ray Skinner at the provisional head of navigation ...The EOBR would be installed on most trucks for the purpose of monitoring and enforcing compliance HOS regulations. This is desired by the FMCSA because this system would cut down or eliminate the falsification of HOS. Furthermore, this data would be available for anyone who enforces HOS regulations such as the owner, carrier, or law enforcement officer (OOIDA, 2006). The real-time electronic surveillance system, proposed by the government agency FMSCA, is close to the area of intruding on the Huffman driver's right of privacy. The Fourth Amendment grants persons the right to be "secure in our persons, houses, papers, and effects, against unreasonable searches and seizures, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be...
Constitutional Rights
This essay is based on a fundamental flaw. The Constitution does not guarantee privacy on anything approaching the scope that the writer suggests. Specifically, there is no constitutional protection against surveillance of something that is in plain view, and a truck on the highway is considered to be (duh) in plain view. While drug testing may be obnoxious, and is imperfect, it is not unconstitutional.
This essay needs to be reworked entirely.
As to drug testing, if a private employer wants to do drug testing, the courts have consistently held that this is not a governmental program, so that it is not illegal and the Constitution has no bearing on the issue.
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