Week 2 Discussion 1 & 2

Week 2 - Discussion 1

Required Resources

Text

Langvardt, A. W., Barnes, A. J., Prenkert, J. D., McCrory, M. A., & Perry, J. E. (2019).  Business law: The ethical, global, and e-commerce environment  (17th ed.). Retrieved from https://www.vitalsource.com  

· Chapter 5: Criminal Law and Procedure

· Chapter 6: Intentional Torts

· Chapter 7: Negligence and Strict Liability

· Chapter 36: Third Party Relations of the Principal and the Agent

Supplemental Materials

Malorney v. B&L Motor Freight, Inc., 496 N.E.2d 1086 (Ill. Ct. App. 1986).

· The full-text version of this court opinion is available through the Westlaw database in the Ashford University Library. This case provides information about negligent tort liability and will assist you in your Negligent Tort Liability assignment this week.

Raleigh v. Performance Plumbing and Heating, 130 P.3d 1011 (Colo. 2006).

· The full-text version of this court opinion is available through the Westlaw database in the Ashford University Library This case provides information about negligent tort liability and will assist you in your Negligent Tort Liability assignment this week.

United States v. Hall, 47 F.3d 1091 (11th Cir. 1995).

· The full-text version of this court opinion is available through the Westlaw database in the Ashford University Library This case provides information about how the Fourth Amendment applies in the business environment and will assist you in your Fourth Amendment Protections for Businesses discussion this week.

Instructions

Prior to beginning work on this discussion,

· Review Chapter 5 of the course textbook.

· Review  United States v. Hall, 47 F.3d 1091 (11th Cir. 1995) .

In United States v. Hall, 47 F.3d 1091 (11th Cir. 1995), the Eleventh Circuit Court of Appeals discussed the difference between a business and an individual’s reasonable expectation of privacy in the area around their home or business (called the curtilage). In Hall, a government agent seized a bag of shredded documents from a dumpster located on the property of Bel-Air, Inc. Hall filed a motion to suppress the evidence on the grounds that the search and seizure was a violation of the Fourth Amendment. Review United States v. Hall and discuss the following:

· What was the Court of Appeal’s decision?

· Was the search and seizure a violation of the Fourth Amendment? Why or why not?

· Would the result have been different if the dumpster was on private property rather than on commercial property?

· Suppose you were an executive at Bel-Air. What recommendations would you make to help Bel-Air assert an expectation of privacy in the dumpster?

Your initial response should be a minimum of 200 words.