NCJ Number
106434
Journal
FBI Law Enforcement Bulletin Volume: 56 Issue: 7 Dated: (July 1987) Pages: 24-30
Date Published
1987
Length
7 pages
Annotation
Computing police staffing.
Abstract
Workplaces and workspaces include areas and items such as offices, desks, file cabinets, and lockers. The 1987 Supreme Court decision in O'Connor v. Ortega established that workers have a resonable expectation of privacy in workspaces and that searches by employers must be reasonably work-related, based on the fourth amendment. Lower courts have similarly held that law enforcement employees can acquire a reasonable expectation of privacy in their workspaces and that a legitimate inspection policy may defeat this expectation of privacy. They have also held that workplace searches that implicate the reasonable expectation of privacy must meet the fourth amendment's test of reasonableness. Courts generally focus on the facts in each case to determine whether a particular employee has a reasonable expectation of privacy. A valid policy providing for reasonable inspection of employee workspaces offers an organization the best protection against legal problems resulting from workspace searches. Law enforcement organizations should put such a policy in writing and should limit its scope to documented institutional needs and goals. 44 footnotes.