Question

Excel Manufacturing, a corporation, hired a private investigator to conduct surveillance of DeJuan, the Chief Financial Officer, because he was suspected of committing corporate espionage. Without DeJuan’s consent, the private investigator approached DeJuan and demanded to be allowed to search him and his cell phone without either a warrant or probable cause. Which of the following does this action violate?

Multiple Choice

• The action violates no constitutional amendment.

• Fourth Amendment search and seizure.

• Fourteenth Amendment substantive due process.

• Fourteenth Amendment procedural due process.

Answer 1

Given, Excel Manufacturing , a corporation hired investigator to conduct a surveillance on De Juan , the CFO. The investigator demanded to be allowed to search him and his cell phone without either a warrant or probable cause.

Fourth Amendment: Fourth Amendement of United States Constitution prohibits Unreasonal searches and seizures. For this it is required to get the warrants issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and i should contain the place to be searched and the persons or things to be seized.

Fourteenth Amendment substantive due process: It is based on the fundamental fairness and is used to evaluuate whether a law can be appkied by states at all, regardless of teh procedures follwed. It is dealt wth subject areas such as liberty of contract or privacy.

Fourteenth Amendment procedural due process: It is based on the principles of fundamental fairness. addresses which legal procedures are required to be folllowed in state proceedings. Relevant issues includes notice, opportunity for hearing, confrontation, cross examination, basis of decision, descovery.

In the given case, the investigator appointed by Excel manufacturing approached for the search of Dejuan and his cell phone without any proper warrant issued by a judje or majistrate and without probable cause. so, this action violate the Fourth Amendment Search and Seizure.

Hence option Fourth Amendment Search and Seizure is correct