Employer appealed the district court of appeal

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Unformatted text preview: we see no reason to deviate from the reasoning of the cases cited above. The record evidence in this case establishes that the workplace computer was companyowned; Frontline's computer policy included routine monitoring, a right of access by the employer, and a prohibition against private use by its employees. [FN11] As such, Ziegler had no objectively reasonable expectation of privacy in his workplace computer and thus no standing to invoke Fourth Amendment protection. FN11. We do not hold that company ownership of the computer is alone sufficient to defeat an expectation of privacy. "Fourth Amendment privacy interests do not ... turn on property interests." Schowengerdt, 823 F.2d at 1333 (citations omitted). As always, the issue depends on what expectations may reasonably coexist with that ownership. At the least, we consider the combination of above-noted factors sufficient to defeat an expectation that would confer Fourth Amendment standing. At the same time, we do not hold that all the foregoing factors are necessary to defeat an expectation of privacy in a workplace computer. Because the copying of the hard drive on Ziegler's workplace computer violated no reasonable expectation of privacy, we need not assess whether an agency relationship with the FBI existed here, or whether the search was otherwise reasonable. AFFIRMED. 86 Case # 12 WAL-MART vs. TRACZ Briefs and Other Related Documents District Court of Appeal of Florida, Fifth District. WAL-MART STORES, INC., Appellant, v. Joseph M. TRACZ, Appellee. No. 5D00-2649. Nov. 16, 2001. Truck driver brought action against former employer alleging that former employer negligently released drug test results to prospective employer. The Circuit Court, Orange County, James C. Hauser, J., entered summary judgment for truck driver. Employer appealed. The District Court of Appeal, Thompson, C.J., held that fact issue precluded summary judgment on truck driver's negligence action. Reversed and remanded. Summary judgment procedures should be applied with s...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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