*Instructions*
*No directly quoted material may be used in this project paper.*
*Project 2:* *Legal Challenges Confronting Private Security Operations:
Administrative Searches*
*Scenario:*
You accept a position as the Corporate Security Director for ACME
Electronics, a company that manufactures different devices for a variety of
well-known brands, including cell phones, cameras, camcorders, stereos,
computers, tablets, video games, and more. At any given time, many of
these products are fully assembled and stored at the plant awaiting
shipment to the vendors. Also stored at the plant are the expensive
components used to manufacture the devices.
During the first week of your new employment, you learn that significant
device and component inventory shortages have occurred over the past year
resulting in substantial company losses. You suspect widespread internal
employee theft and have begun considering the various physical, procedural,
virtual, and other security control options available to address the theft
issue. One of the security controls you contemplate employing is an
administrative search procedure, which is often referred to as a package
control program. From your discussions with colleagues in the security
profession, you know that some employers have instituted administrative,
non-coercive, care taking search programs that have very effectively
mitigated internal theft losses. You believe that such a program would
achieve similar results for ACME Electronics if properly implemented at the
ACME facility.
You meet with corporate attorneys to discuss the feasibility of initiating
an ACME Electronics administrative search program because you know these
programs are controversial and sometimes result in significant legal issues
with considerable potential for civil lawsuits filed against the company
and its security operatives. After a brief introductory discussion with
the attorneys, the corporation’s Chief Counsel provides you with a case
study dealing with the implementation of a new package control system at
Bellevue Hospital Center in New York City and asks that you become
completely familiar with the legal issues presented in the court case; the
legal positions the plaintiff and the defendant advanced to the court; and
the court’s ruling and rationale, including the important features of the
search procedure instituted by the hospital. The Chief Counsel also asks
that before any further corporate group discussions take place regarding
the implementation of an administrative search program at ACME Electronics,
you evaluate how this court decision might impact your facility’s security
operations and how the results of this court decision would be used in any
administrative search policy proposals you make to the corporate
executives.
*Writing Assignment:* *After reading and evaluating Judge Edward
Weinfeld’s opinion in Chenkin v. BELLEVUE HOSP. CTR., NYC, ETC., 479 F.
Supp. 207 (S.D.N.Y. 1979), linked below, consider the case in its entirety,
particularly the court’s opinion, and respond to the following:*
(1) Write a strong introduction, first stating the purpose of the paper,
then providing a succinct recitation of the significant facts in this case.
(2) Describe the issues related to the search program the court needed to
resolve.
(3) Explain the positions that Chenkin and Bellevue advanced to the court
regarding Chenkin’s claim that the hospital’s package control system was
unconstitutional.
(4) Provide details of the court’s ruling and rationale and describe the
important features of the Bellevue search procedure cited by the court in
rejecting Chenkin’s claims.
*Based on your understanding of the Chenkin v. Bellevue Hospital court
case, in addition to the independent research you complete using at least
two additional sources, respond to the following in preparation for your
follow-up discussions with the Chief Counsel about the implementation of an
administrative search program at the ACME Electronics facility:*
(5) As a practical matter, evaluate how this court decision might impact
security operations. Be specific and comprehensive.
(6) Explain how the results of this case would be used in any policy
proposals you make to the corporate executives.
*Court Case Link:*
*http://www.leagle.com/decision/1979686479FSupp207_1658/CHENKIN%20v.%20BELLEVUE%20HOSP.%20CTR.,%20N.%20Y.%20C.,%20ETC.#*
<http://www.leagle.com/decision/1979686479FSupp207_1658/CHENKIN%20v.%20BELLEVUE%20HOSP.%20CTR.,%20N.%20Y.%20C.,%20ETC.>
*Note:* Other source material relating to different types of workplace
searches can be located in the online classroom. Go to: CONTENT>COURSE
RESOURCES>LINKS TO PROJECT 2 RESOURCES.
Format Requirements
- Paper must be double spaced, 11 or 12 pt font and 1” margins all
around.
- All APA 7th edition format requirements must be followed (cover page,
in text citations, reference page). Refer to APA/UMGC - learning resources
found in the content page of this course.
- You must have resources to support your
thoughts/opinions/information. These must be cited both in text as well as
at the end of the document. Your paper should not contain direct quotes,
sourced material must be paraphrased.
GeneralEssayUndergraduate
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