GOVERNMENT WORKPLACE SEARCHES. Bryan R. Lemons (912) 267-2945 [email protected] Keith Hodges (912) 554-4757 [email protected] Federal Law Enforcement Training Center Glynco, GA. www.khodges.com/iacp. These PowerPoint slides. The complete article on government 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?
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
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.
FOURTH AMENDMENT CONCERNS
EFFICIENT WORKPLACE OPERATION
O’Connor v. Ortega (1987)
It means …
have a REASON for looking where you’re looking!
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?