Ccjs Project 1

Project #1

CCJS 321 4015 Digital Forensics in the Criminal Justice System (2158)

Univerisity of Maryland University College

Sunday, September 6, 2015

1. Can you or Mr. Yourprop’s supervisor search Yourprop’s personal vehicle currently parked in the Company parking lot for digital evidence? 

In the case presented, a legal search of the employee’s vehicle while in the company spaces is permissible by law. The employer has a policy in place that informed employees that it reserved the right to perform searches on employees to ensure compliance with company regulations and to protect company property and individuals. In the employer’s perspective in this case, the search serves the purpose of safeguarding vital sensitive data which could if stolen be highly detrimental to the business earning potential in the immediate future.

Generally, private employers can also perform personal property searches as long as advance notice is provided to the employee. The employer’s right to supervise and conduct its business operations is balanced against the expectation of privacy. A search of the vehicle parked on the company’s premises is not unreasonable given that the employee was given notice of the potential for vehicle searches and the apparent suspicion of his job-related misconduct. Should the employee argue that his rights were violated—given that the company has provided such written notice and the employee’s own words after being fired provided reasonable cause for suspicion—it will have a very strong defense for the company to argue the legality of the search. (Workplace Searches, 2015).

2. If evidence of this theft of intellectual property can be found, Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprop’s supervisor direct local police investigators to search his personal vehicle which is parked on the Company parking lot?

The supervisor can legally direct local police to search the employee’s personal vehicle. The company...