Constitutional Rights

The physical composition of the United States, or Bill of Rights, was developed to entertain individuals by enforcing certain laws throughout the land and is bound under(a) the federal government and each state. The skillfuls of individuals expand out to businesses, employees, and consumers. This proceeds will discuss two specific inbuilt rights that whitethorn impact the employees of Huffman Trucking. Huffman Trucking will be doing an analysis of the lookup and seizure, retirement, and employee drug testing policies within the organization and determine if the full(a) rights of his or her employees are being violated. If Huffman Trucking is in intrusion of the constitutional rights of their employees, the company can and will be held reprehensively liable. Search and SeizureThe Federal Motor Carrier Safety travel inn (FMCSA) has been interested in the ?smart card? technology in order to be used for Hours of Service (HOS) compliance of motor motortruck driver s. All drivers would each have an electronic onboard recording machine (EOBR) relate to a global positioning satellite (GPS) system. The EOBR would be installed on most trucks for the purpose of monitoring and enforcing compliance HOS regulations. This is sought after by the FMCSA because this system would cut down or ward off the falsifying of HOS. Furthermore, this data would be available for anyone who enforces HOS regulations such as the owner, carrier, or law enforcement officer (OOIDA, 2006). The real-time electronic oversight system, proposed by the government agency FMSCA, is close to the area of go into on the Huffman driver?s right of privacy. The Fourth Amendment grants persons the right to be ?secure in our persons, houses, papers, and effects, against unreasonable searches and seizures, and no warrants shall issue, solely upon seeming cause, supported by Oath or affirmation, and oddly describing the institutionalize to be searched, and the persons or thin gs to be...

This move is based on a fundamental flaw. The Constitution does non guarantee privacy on anything approaching the scope that the writer suggests. Specifically, there is no constitutional protection against surveillance of something that is in bare view, and a truck on the highway is considered to be (duh) in plain view. part drug testing may be obnoxious, and is imperfect, it is non unconstitutional. This essay needs to be reworked entirely. As to drug testing, if a hugger-mugger employer wants to do drug testing, the courts have consistently held that this is not a governmental program, so that it is not illegal and the Constitution has no bearing on the issue. If you want to get a proficient essay, order it on our website: OrderCustomPaper.com

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