During the course of a corporate investigation, you find that an employee is committing a federal crime. Can the employer file a criminal complain with the police?

Question

Options

• AYes, and all evidence can be turned over to the police
• BYes, but only if you turn the evidence over to a district judge
• CNo, because the investigation was conducted without following standard police procedures
• DNo, because the investigation was conducted without a warrant

• A
  78% (29)
• B
  3% (1)
• C
  14% (5)
• D
  5% (2)

Explanation

Private employers and their investigators are not bound by the Fourth Amendment's warrant requirement, which restricts only government actors. A private investigation conducted without a warrant is legally valid because constitutional protections against unreasonable searches apply to state action, not private parties. When a corporate investigation uncovers a federal crime, the employer can file a criminal complaint with law enforcement and surrender all collected evidence. The evidence is admissible because it was gathered by a private entity, not by police.

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