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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,
WAL-MART STORES, INC., Appellant,
Joseph M. TRACZ, Appellee.
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.
- Spring '08