GOVERNMENT WORKPLACE SEARCHES. Bryan R. Lemons (912) 267-2945 Bryan.Lemons@dhs.gov. Keith Hodges (912) 554-4757 Keith.Hodges@dhs.gov. Federal Law Enforcement Training Center Glynco, GA. www.khodges.com/iacp. These PowerPoint slides. The complete article on government workplace searches.
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GOVERNMENT WORKPLACE SEARCHES
Bryan R. Lemons
Federal Law Enforcement Training Center
OVERVIEW OF WORKPLACE SEARCHES
Does the employee have a reasonable expectation of privacy in the place searched?
If so, what was the motivation behind the search of that area?
WHAT IS THE “WORKPLACE?”
WHAT ABOUT PERSONAL ITEMS AT THE WORKPLACE?
REASONABLE EXPECTATION OF PRIVACY
GOVERNMENT EMPLOYEES AND EXPECTATIONS OF PRIVACY
FACTOR #1:PRIOR NOTICE
FACTOR #2:PRACTICES AND PROCEDURES
FACTOR #3:OPENNESS AND ACCESSIBILITY
FACTOR #4:POSITION OF THE EMPLOYEE
HIGH SECURITY REQUIREMENTS
POSITIONS OF TRUST AND RESPONSIBILITY
FACTOR #5:WAIVER OF RIGHTS
Precondition of Receiving a Certain Benefit
A WRAP UP ON PRIVACY EXPECTATIONS
If there is no expectation of privacy: The 4th Amendment DOES NOT apply.
If there is an expectation of privacy: The 4th Amendment DOES apply.
FLETC Legal Division
Depends on the REASON for the search.
Public Employers Have “Special Needs”
FOURTH AMENDMENT CONCERNS
EFFICIENT WORKPLACE OPERATION
O’Connor v. Ortega (1987)
“Justified at its Inception”
It means …
have a REASON for looking where you’re looking!
“Permissible In Scope”
It means …
look ONLY where what you’re looking for could be located!
What if both Work-Related Misconduct and Criminal?
Has a criminal investigation been opened?
Was a workforce policy violated?
Who conducted the search?
Work-Related Misconduct and Criminal?