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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Bryan R. Lemons
Federal Law Enforcement Training Center
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?
HIGH SECURITY REQUIREMENTS
POSITIONS OF TRUST AND RESPONSIBILITY
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!
Has a criminal investigation been opened?
Was a workforce policy violated?
Who conducted the search?