[Solution]Legal Challenges Confronting Private Security Operations: Administrative Searches

Scenario: You accept a position as the Corporate Security Director for ACME Electronics, a Fortune 1000 companythat manufactures different devices for a variety of well-known…

Scenario: You accept a position as the Corporate Security Director
for ACME Electronics, a Fortune 1000 companythat 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.#

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.

Formatting Requirements:

Use the American Psychological
Association (APA) style manual in writing this paper.

Paper should begin with an
appropriate introductory statement about the topic and a reference page.

Paper should be a minimum of 1,100
(minimum) to 1,500 (maximum) words

· Double space

· 12 pt. font

· 1” margins

· Use APA citations for all sources

· Include reference page using APA format guidelines
(not included in word count)

Additionally –

· Create a cover page for your assignment (not included
in word count)

· Include your name

· Course title and number

· Project title

· Date of submission

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