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Kudler Foods Constitutional Rights Paper

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Kudler Fine Foods is a one-stop gourmet food store located in Southern California. The first store was opened in 1998 and was such a success that three new stores followed suit within a five-year span. This gourmet shop was created with the vision the owner felt other establishments lacked, a place where gourmet foods can be purchased at an affordable price (Apollo Group, Inc., 2007). Kudler Fine Foods employs a large group of 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 and investments. That being said, certain aspects of what an employee does on a computer may be monitored. However, does this infringe upon their privacy and take away their rights? (Wikipedia, The Free Encyclopedia, 2007) The store owner and managers 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 (Wikipedia, The Free Encyclopedia, 2007).

In some cases, it is permitted to conduct a warrantless search. However, only under the following conditions:

Ð'* An arrest is being made

Ð'* Obvious finding

Ð'* If the evidence will be tampered with or possibly eliminated (Wikipedia, The Free Encyclopedia, 2007).

If the situation arises and a warrantless 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 (Wikipedia, The Free Encyclopedia, 2007).

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. 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 (Apollo Group, Inc., 2007). 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 hopes of finding the cash. The company has to have a very honest and up front approach to everything they do, especially when it comes to their open door policy between the management and their associates. This same policy must be used when management is the one in question or having problems with the employee. They must adhere to the same principles and question the associate. This will uphold both the open door policy of KFF and the rights of the employee.

The right to privacy is also a very important issue. An employee might feel violated if an employer is reading emails, reviewing websites that are visited, and logging keystrokes. Our Founding Fathers could scarcely have anticipated this question. Privacy is not a right given to us specifically in our Constitution, but other constitutional



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