BUS 624 Discussion 1 week 2 5

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BUS 624
Nov 14, 2023
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BUS624 WK2D1 11-07-23 Good morning, Professor Mac and classmates, Fourth Amendment Protections for Business The court of appeal decided that the search and seizure of the bag of shredded documents without a warrant did not violate the Fourth Amendment. Therefore, The court could not grant the motion to suppress the shredded evidence on the grounds of violating the Fourth Amendment. The search and seizure was not a violation of the Fourth Amendment. The court relied on the California vs Greenwood (1988) ruling, which determined that shredding and dumping papers in an enclosed garbage bag provided some reasonable privacy. However, when such a garbage bag is placed outside the curtilage of a home, the Fourth Amendment cannot interfere with warrantless search and seizure. Exposing the garbage bag outside the curtilage of a home to the general public renders the expectation of privacy unreasonable. The result would have been different if the dumpster was on private property. In US vs Dunn (1987) , search warrants are issued based on whether the area is accessible to the public. In Bet-Air's case, there was no way for the officer to know whether the road was public or private, and he believed that he was using a public road. If I were an executive at Bet-Air, I would initiate better garbage management practices, especially concerning the disposal of sensitive documents. I would ensure that shredded documents are disposed of in a dumpster that is fenced off from the general public, with a clear indication that it is private property such that anyone accessing the dumpster is aware that they need to seek access or a search warrant in the case of search and seizure. References California v. Greenwood, 486 US 35 - Supreme Court 1988 - Google Scholar . (2023). Google.com. https://scholar.google.com/scholar_case? case=6002389719901840494&q=California+vs+Greenwood+(1988)&hl=en &as_sdt=2006 US v. Dunn, 846 F. 2d 761 - Court of Appeals, Dist. of Columbia Circuit 1988 - Google Scholar . (2023). Google.com. https://scholar.google.com/scholar_case? case=12150595955527846787&q=US+vs+Dunn+(1987)&hl=en&as_sdt=20 06
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