Management 260 Week 5 Notes
Management 260 Week 5 Notes Management 260
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This 3 page Class Notes was uploaded by Eunji Cho on Monday February 22, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 24 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
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Date Created: 02/22/16
Management 260 Professor Malkovich Week 5 Notes: Feb 18 By Eunji Cho February 18, 2016 Ethics Quiz • Ethics handout: summary of major ethics • Milton Friedman’s article (one end) • Prosperity candle & Impact investing articles (other end) • Multiple choice questions & two essay questions (outline form) Article assignment • Apple: security problem o Court ordered Apple to create the software o Court can order people to do something o “Reasonable expectation of privacy” • Justice Scalia replacement “Exclusionary Rule” • How courts practice enforcement of 4 , 5th thor 6th amendment • When government officials obtain information by violating the constitution, the court practices the Exclusionary Rule to suppress the evidence • The attorney for the defendant files a motion to suppress evidence, which is done before the trial • Police officers use ‘exigent circumstances’ to not get warrants, but may be suppressed if the evidence is trivial • “Fruit of the Poisonous Tree” o If officers find additional evidence through search that involves breach of the rights, this evidence also gets suppressed • “Plain View Doctrine” (least private) o Virtually no expectation of privacy because there was no effort to conceal the evidence o Anything that the police can see in ‘plain view’ can be seized without a warrant o Evidence of criminal activity • Allowing police officers to enter is understood as waiving your rights o If police officers enter regardless, they’ve decided to test their authority, and anything they see/seize can be suppressed from the exclusionary rule. o Rights can be waived • Search Warrant o Officers need to show the magistrate that there is probable cause in the location that will help their investigation o Any evidence found outside the scope of the warrant can be suppressed o The search needs to happen within a reasonable time for it to be valid • Amount of privacy o Medium – Dorm room § Can be searched during breaks § Temporary residence o Less – Motel room § Housekeeper o Less – automobile § On the road § Can be pulled over under “Reasonable Suspicion” § Specific and articulate facts that show reasonable suspicion § Protective sweep ú Order them out of the vehicle, pat them down ú Intended to protect officers for passengers that are heavily armed ú If trunk is accessible from passenger seat, them the police have the right to go to the trunk as well Independent search • No state action (government encouragement) • Government didn’t violate the defendant’s rights • If RA directed a student to search something, then the student is under direction of state actor o Evidence can be thrown out when shown that the state has violated the constitution o If done by an individual, can’t throw out evidence, but can sue the individual for invasion of privacy
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