a) Read Chapter 17, chapter question #1: Criminal activity at work on page 659. Answer the question in the fact pattern and discuss your reasoning, supporting your position with additional research or article.
b) Read Chapter 17, chapter question #6: Domestic Violence on pages 660. Answer the question in the fact pattern and discuss your reasoning, supporting your position with additional research or articles, if you wish. Does the fact that this scenario involved a “domestic violence” relationship explain the woman’s avoidance behavior? If so, and if she would put herself in additional danger by speaking with the employer, do you think that would change the outcome of this case?
Question#1: The FBI received a tip that an employee of an IT company was accessing child pornography from his workplace computer. When approached by the FBI, the company confirmed that the employee had regularly visited the web sites. Company officials entered the employee’s office in the evening and made copies of the contents of his computer’s hard drive. All of the computers in the workplace were the property of the employer, and the employer was able to monitor all employees’ Internet activity. When they were hired, employees were told that their computers use was subject to monitoring and that computers should not be used for personal business. The employee was the only user of the office, and it was kept locked. A password created by the employee was needed to use the computer. After the employee was arrested and charged with crimes, he argued that the FBI had violated his constitutional rights by searching his computer without a warrant.
Did this employee have a reasonable expectation of privacy in the contents of his workplace computer? Did the government violate his constitutional rights by conducting an illegal search? Why or Why not?
Question#6: A woman was beaten by a coworker with whom she was living, resulting in several broken ribs. She filed charges against the coworker, and the coworker’s conviction for domestic violence was reported in the newspaper. The woman did not report any of this information to her employer, but managers became aware of the situation because of the newspaper account. A workplace violence team investigated, seeking to determine whether the coworker was dangerous and should be removed from the workplace. On four occasions, they attempted to interview the woman, asking questions regarding her relationship with the coworker, the domestic violence incident, and her physical and mental health. On each occasion, she became angry and left the interview, insisting that this was private information that she did not want to share. The woman was eventually terminated for her failure to cooperate with the workplace violence program.
She sued, what should the court decide? Why?
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