Week 2 - Discussion 1

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Law

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Apr 3, 2024

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What was the Court of Appeal’s decision? The Court of Appeals, the Eleventh Circuit jury, sentenced Hall, the chairman of Bet-Air, to 51 months in prison for selling military equipment to Iran (U.S. v Hall, 1995, 9. 1093). The issue emerged when the case was brought before the Court of Appeal due to potential violations of the Fourth Amendment.  Was the search and seizure a violation of the Fourth Amendment? Why or why not? Based on the outcome, it was determined by the court that the search and seizure carried out by Agent Parks did not violate the Fourth Amendment right. The Fourth Amendment protects individuals from unreasonable searches and seizures conducted by the government (Prenkert et al., 2022). It was determined that access to Bet-Air Inc's private premises was lawful because the company needed to take the necessary steps to secure its premises as private. Parks was unaware that he was on a private road because no sign indicated it. Would the result have been different if the dumpster was on private property rather than on commercial property? If the dumpster had been located on private property, the outcome of the case between the United States v. Hall would not have changed. The privacy aspect would have been evaluated to ensure that Hall utilized the premises appropriately. According to (Prenkert et al., 2022), the Supreme Court has stated that the Fourth Amendment protects persons rather than places.  Suppose you were an executive at Bet-Air. What recommendations would you make to help Bet-Air assert an expectation of privacy in the dumpster? As an executive at Bet-Air, I highly recommend the installation of signs along the path indicating that the road is private access. This measure will effectively discourage unauthorized individuals from entering and gaining access to sensitive information or materials. Bet-Air must ensure the proper destruction of their trash, which involves shredding documents and materials before disposal to protect company secrets from unauthorized access. A secure shredding process will significantly reduce the risk of unauthorized individuals accessing confidential data through discarded materials. Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business Law: The Ethical, Global, and Digital Environment (18 th ed.). McGraw-Hill. United States v. Hall, 47 F. 3d 1091 (11 th Cir. 1995)
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