Constitutional Rights - Business Law

Constitutional Rights

Business Law I

Dave Walker

November 07, 2005

Kudler Fine Foods is a gourmet establishment. The first store was opened in 1998 and was such a success that many more will be opening. This gourmet shop was created in the vision the owner was searching for: a place where gourmet foods can be purchased at an affordable price. Kudler Fine Foods employs many employees. These employees have rights that must be adhered to.

The two main issues that will be discussed is the right to privacy, as well as search and seizure. These two areas can affect the employees, owner, and the business as a whole. The goal in a business is to make money and to protect their goods. That being said, certain aspects that an employee does on a computer may be monitored. However, does this infringe upon their privacy and take away their rights? The store owner must also ensure that their goods and recipes are protected, so has the right to search and seize any goods that might be stolen by an employee with the means to sell them for profit.

The United States Constitution serves to protect the rights of the people living within the country. The Fourth Amendment to the United States of America’s Constitution was set in place to protect both individuals and businesses from unnecessary search and seizure conducted by government officials. It allows us to feel safe and secure within our homes, in person, or on any form of personal documentation.

Although search and seizure is a lawful act, it can only be conducted within reason and must be accompanied by a search warrant. Search warrants are necessary to government officials because they specify the location and nature of the authorized search process. Searches must be conducted within their limits; otherwise, any additional information found at the scene is forbidden and cannot be used as evidence in court.

In some cases, it is permitted to conduct a warrant less search however, only under the following conditions:

• An arrest is being made

• Obvious finding

• If the evidence will be tampered with or possibly eliminated.

If the situation arises and a warrant less search and seizure is conducted, the evidence retrieved at the scene will be subject to the exclusionary rule. This rule states that any evidence obtained without said warrant may be prohibited for use at the trail against the person that was searched.

When it comes to search and seizure in the workplace, there is a fine line that both the employer and the employees need to be aware of. Kudler Fine Foods is an upscale specialty food located in the San Diego metropolitan area. The stores consist of the very best domestic and imported foodstuffs. This company is relatively new. The founder, Kathy Kudler, opened the first store in 1998 and has opened two others since. The store is similar to what would consider a very upscale “mom ‘n pop” store to be. Kathy is very hands-on with all three of her stores. The stores are monitored closely by the owner and the entire operation of the store is somewhat casual.

Kudler Fine Foods uses Anne Shousha as its legal counsel. Anne happens to be Kudler’s sister- in-law. This is a good example of how the owner of this company likes to keep her hands in every aspect of the operations. KFF (Kudler Fine Foods) has an open door policy and believes that any concerns or complaints should be dealt with openly and directly with management. This includes anything from concerns on equal opportunity to getting hurt on the job is expected to be discussed directly with management each and every time. Search and seizure is a constitutional right that the employees within this company are guaranteed. It is because of this right that the fine line comes into place. The owner and management must be sure that they do not ever cross this line when needing to investigate suspicious activity from their employees.

At Kudler Foods, an example of search and seizure would be as follows: if the store begins to suspect that a cashier is stealing cash from the register, they must follow search and seizure rights. They cannot go into the locker or personal items belonging to the cashier in question in