Paper 2 Ccjs321

What permissions/authorities should you have before you search Mr. Yourprop’s former Company work area, and how would you document that authority?

Since it’s his former Company work area, this leads me to believe that he has already vacated his area and he no longer works there. However, there are certain permissions and authorities one must have if you want to keep the search accurate and under the scope of the law, and for purposes of turning the investigation over to law enforcement. First thing is one has to have the permission of the company and the ownership to conduct a search of an employees work area. According to Find Law (2015), employers have the right to conduct searches of an employees work space as the workspace technically belongs to the employer and employees do not have an expectation of privacy in these areas. It also depends on whether we are talking about private personal belongings or work related belongings because then we are now talking Fourth Amendment rights being violated if the employee personal things are being searched. If a company is going to search an employee’s work area, they have to be able to prove why the search was necessary and once they find exact evidence they must stop. The authority received to search Mr. Yourprop’s work area should be documented by way of company guidelines, company signature, and/or by warrant if the police are involved. Also, anything found should be included on a Chain of Custody document so it is known where the evidence is and with who at all time. Others ways of having Mr. Yourprop’s work area documented would be if the company took the route of Voluntary Surrender, Subpoena, and or then a Search warrant (Soloman, Rudolph, Tittel, Broom, & Barrett, 2011). There should be no expectation of legal repercussions for searching his work area, but having something in the employee handbook or made policy that searches can be conducted of a person’s work area makes it easier to explain to employees....