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Microsoft learns that two of its employees are likely using company-issued desktop computers to download and exchange child pornography. A Microsoft security officer, Dale, has

Microsoft learns that two of its employees are likely using company-issued desktop computers to download and exchange child pornography. A Microsoft security officer, Dale, has job responsibilities including uncovering wrongdoing of Microsoft employees for internal disciplinary/compliance purposes, and Dale believes that evidence of this wrongdoing would be found on the devices themselves. Dale purposefully works late one evening until both of the subject employees had gone home for the night. Dale then accesses both of the computers, conducts basic forensic searches, and finds evidence of child pornography on both devices. Which of the following best states a truthful statement about this scenario:

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Dale's access of the devices to look for child pornography was a standard workplace search and therefore constituted a valid exception to the Fourth Amendment rights of the employees.

Dale's actions violated the Fourth Amendment rights of both employees.

As we learned in the class, Microsoft employs log-in banners and consent theory for all of its employees who use Microsoft-owned computer devices, and thus the two employees would have waived their Fourth Amendment rights accordingly to this sort of search.

Dale's actions did not violate the Fourth Amendment rights of either employee.

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