Evidence obtained through "search and seizure" techniques (e.g., looking inside the employee's locker) without the employee's knowledge:
A) will usually be permitted as long as company representatives did not forcibly break into the employee's private property.
B) will be automatically prohibited by the arbitrator.
C) will subject the management representative to criminal prosecution according to a recent Supreme Court decision.
D) will not be considered by the arbitrator if the employee did not know about the search.
E) will always be considered by the arbitrator regardless of how it was obtained.

Question

Quizplus · Accepted Answer

Generally, evidence obtained through lawful search and seizure techniques (i.e., not forcibly breaking into private property) will be admissible in an arbitration proceeding. However, the initial question of whether the search was legal or not may still be subject to dispute and may require further examination by the arbitrator.

Evidence Obtained Through "Search and Seizure" Techniques (E