NCJ Number
171537
Journal
FBI Law Enforcement Bulletin Volume: 67 Issue: 6 Dated: (June 1998) Pages: 27-32
Date Published
1998
Length
6 pages
Annotation
This article addresses the prerogatives of management in conducting workplace searches and the privacy rights of law enforcement and public employees.
Abstract
The US Supreme Court has ruled that the very nature of a public employee's position allows some intrusion into privacy that would not otherwise be tolerated by the Fourth Amendment, and identified certain factors that may reduce a public employee's expectation of privacy in an office, desk or file cabinet. Legitimate work-related reasons for employers to search employee work spaces include: to obtain documents available only in an employee's office while he or she is away from the office; to safeguard or identify state property or records in connection with a pending investigation into suspected employee misfeasance; and to conduct a routine inventory to secure government property. The article discusses private property in the work space, administrative vs criminal searches, electronic communications, and departmental decisions and privacy expectations. Notes