Fourth Amendment Cases
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Can someone help me come up with some ideas for these cases:
Have the federal courts made any significant progress on the issue of employees' privacy and limits on search and seizure rights of an employer?
What is the significance of each of the following cases?
1. National Treasury Employees Union v. Von Raab, (1989)
2. Deal v. Spears, 980 F. 2d 1153 (1992)
3. O'Conner v. Ortega, 480 U.S. 709 (1987)
4. Brotherhood of Locomotive Engineers and Illinois Railroad, PLB 3538, No.2
(NMB, July 3, 1984) Central Gulf (This case is in the Twomey book).
5. Anderson v. Philadelphia, (1988)
Length: 5 pages
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Solution Summary
This solution represents information and research about a variety of cases that all relate to the Fourth Amendment. The Fourth Amendment can be interpreted in so many different ways and these cases presented here prove that point. While this law is in the hands of the government, employers and employees will continue to have issues due to this law being so broad.
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Hi below are some notes about each section. Hopefully this will help.
Have the federal courts made any significant progress on the issue of employees' privacy and limits on search and seizure rights of an employer?
Outside of the Fourth Amendment that has been revamped a few times, there is not much progress being made on the issue of employees' privacy and limits on search and seizure rights of an employer. Employers have always had certain rights to do random searches as long as there was some type of notification made for the employees. This notification is typically presented upon the new hire date for employees now. There is the Electronic Communication Privacy Act (ECPA) that was put in place in 1986 however many employers are exempt.
"The Electronic Communications Privacy Act (ECPA) was revamped by Congress in 1986 and now covers all forms of digital communications, including private email.� Electronic Communications Privacy Act, 18 U.S.C. �� 2510-20 and� that the coverage of the act is limited, however, by the forum in which one is communicating.� For instance, to the extent that thhey are considered the equivalent of public forums, usenets, newsgroups, listservs, and similar applications are not covered under the ECPA.�
The ECPA generally prohibits �(1) unauthorized and intentional �interception� of wire, oral, and electronic communications during the transmission phase, and (2) unauthorized �accessing� of electronically stored wire or electronic communications.�
Due to the fact that employers tend to provide the network over which employee communication takes place, the ECPA provides the least protection to employees in terms of employer �intrusions.�� Largely, employers are exempt from the ECPA under one of two statutory exceptions" (Privacy in Cyberspace, nd).
"VI. ...
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