Business Dispute

Business Dispute

Business disputes are handled many different ways for constitutional reasons. Depending on the legal issue a dispute could be handled in civil or criminal courts. Civil and criminal processes are different in the way the courts go about making final dispute decisions. One business dispute may violate the fourth amendment and could be handled in both civil and criminal courts.

Social worker Dana Gresbach who works for the Milwaukee agency may be in violation of the fourth amendment which is.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Search and Seizure. 2007).

The parents of two siblings feel their children’s fourth amendment constitutional rights were violated after Dana Gresbach alone, had the siblings �strip searched’ due to overheard conversations of possible beatings. The legal issues raised in this case are important for the review of the case.

This case arises three main legal issues. One, the parents rights were infringed because they were not notified that their children were being searched. Two, the siblings fourth amendment rights were violated by being strip searched. Finally, “seizing children on private school premises without a warrant or an emergency” (Thomas, 2007, Ð'¶5). Theses three main legal issues provide the structure of the case for business analysis.

In analysis of this case, the Milwaukee child welfare agency may suffer from the miss-haps of the caseworker. The agency has been practicing unconstitutional search and seize practices. More litigation hearings could come out of this one hearing because Dana Gresbach has used these actions in many other similar cases that she has handled. This problem could have been avoided if the agency had properly trained their case workers to be sure to have a warrant, had contacted the parents and to have more than one person in the room when searching for evidence. The agency needs to make their policies constitutional by putting the correct policies in writing and training case workers to standard.

Due to this incident the parents of the two siblings are taking civil action against the case worker, Dana Gresbach. If the case worker were to be found guilty of