When it comes to running a business, you want to protect your bottom line. Knowing how to navigate the contentious area of unreasonable search and seizure is key to avoiding costly legal blowback. But what exactly does it mean?
What Is Unreasonable Search and Seizure? A Definition
Unreasonable search and seizure is a phrase used to describe the illegal entry or detention of an individual, property, or evidence in criminal investigations. It is a fundamental right that is granted to all U.S. citizens under the Fourth Amendment of the U.S. Constitution.
In essence, the Fourth Amendment prohibits law enforcement from conducting unwarranted searches and seizures of individuals or property without a search warrant. To secure a search warrant, law enforcement needs to establish probable cause.
What Does Unreasonable Search and Seizure Look Like in Practice?
Let’s look at an example. In 2014, Apple Inc. was ordered by the federal government to comply with a court order requiring the company to give the FBI access to iPhones owned by a couple accused in a mass shooting in San Bernardino, California. Apple argued that this was a violation of its customers’ Fourth Amendment rights, since the FBI was asking for access to private information in violation of the individual right of privacy.
Although Apple ultimately complied with the court order, the case sheds light on the laws surrounding unreasonable search and seizure and the consequences companies can face if they are seen to be violating these rights.
How to Mitigate Risk of Unreasonable Search and Seizure in Your Business
In light of the above, the key for businesses is to ensure compliance with the Fourth Amendment, and consider taking the following steps:
- Educate your team on the Fourth Amendment and their individual rights to privacy while protecting consumer data.
- Develop policies to ensure that any search or seizure processes you use are within the bounds of the law.
- Implement a secure data storage system that only authorized personnel can access.
By following these suggestions, you can help ensure that your business is compliant with the Fourth Amendment and that you don’t find yourself embroiled in an unreasonable search and seizure case that could incur costly legal fees.