Eighth Circuit holds that cell phone searches are similar to computer searches. See U.S. v Kramer, #10-1983, 2011 U.S. App. Lexis 2367 (8th Cir. 2011).
     A California firefighter who was suspected of sick leave abuse was ordered to go his home and to retrieve several rolls of recently purchased insulation, and to place them in his front yard for inspection. The firefighter complied but sued, alleging that the order violated his right to be free from unreasonable search and seizures under the 4th and 14th Amendments. The Ninth Circuit has ruled that although the procedure violated the plaintiff's 4th Amendment rights, it was not clear that this was known at the time, and the fire chief and his subordinates were entitled to qualified immunity. That immunity does not extend to a private attorney who was advising management on this matter. Delia v. City of Rialto, #09-55514, 2010 U.S. App. Lexis 18836 (9th Cir.).
     In rejecting a wrongful termination claim, the Eighth Circuit finds that it "is not unreasonable to search on a random basis" employees' vehicles parked outside a correctional institution if it can be shown that inmates have unsupervised access to those vehicles. "Randomly searching such a lot may be an efficient means of preventing the smuggling of contraband." The fact that visitors who park in the lot are not subjected to random searches is not a violation of the Equal Protection Clause. True v. Nebraska Dept. of Corr., #09-1788, 612 F.3d 676, 2010 U.S. App. Lexis 14007 (8th Cir.).
    Reversing the Ninth Circuit, the Supreme Court has upheld the search of a police officer’s text messages on a government-owned pager. A warrantless review of the officer’s pager transcript was reasonable because it was motivated by a legitimate work-related purpose, and was not excessive in scope. City of Ontario v. Quon, #08–1332, 2010 U.S. Lexis 4972.
    Fourth Circuit upholds a warrantless a search of an Army private's Microsoft Zune MP3 player, which led to his conviction for possession of child pornography. Drill sergeants were required to inventory cell phones and iPods to ensure that they have no graphic materials on them, such as pornography. Soldiers on military bases have diminished privacy expectations. U.S. v. Rendon, 09-4687, 2010 U.S. App. Lexis 12435, 607 F.3d 982 (4th Cir.).
     Hospital security personnel did not violate the Fourth Amendment by searching employee lockers for missing implements. The locker inspections were not unreasonable and there was a low expectation of privacy. Narotzky LLC v. Natrona County Memorial Hospital, #09-8053, 2010 U.S. App. Lexis 12900 (10th Cir.).
     Reversing the Ninth Circuit, the Supreme Court has upheld the search of a police officer's text messages on a government-owned pager. A warrantless review of the officer's pager transcript was reasonable because it was motivated by a legitimate work-related purpose, and was not excessive in scope. City of Ontario v. Quon, #08-1332, 2010 U.S. Lexis 4972.
    Federal judge finds that the government is not required to notify the sender of e-mail when it is seized by a search warrant served on an e-mail provider. "When a person uses the Internet, however, the user's actions are no longer in his or her physical home; in fact he or she is not truly acting in private space at all ... Rule 41 allows the copy of the warrant and the receipt to be given to the person from whose premises the property at issue was seized, even if that person is not the owner of the property. There is no separate requirement that the officer provide the warrant, a receipt, or any other form of notice to the owner of the property." In re United States, #08-9131, 2009 U.S. Dist. Lexis 100630, 2009 WL 3416240 (D. Ore. 2009).
     Arbitrator holds that management did not have a unilateral right to issue a policy on workplace violence that involved employee searches. Policies, rules, and regulations that affect wages, hours and other terms and conditions of employment are mandatory subjects of bargaining. City of Okmulgee. Okla. and FOP L-96, 124 LA (BNA) 423, FMCS Case #071120/51434-5 (Walker, 2007).
     Ninth Circuit upholds the seizure of kiddy porn gathered from his employer's remote monitoring of workplace Internet activity. Every time that employees logged onto a computer they saw a warning banner that stored files and Internet usage were subject to monitoring by the employer and that employees were deemed to have consented to monitoring and disclosure to law enforcement officers. U.S. v. Greiner, #05-30342, 2007 U.S. App. Lexis 19122 (9th Cir.).
     "Requiring a prison guard to submit to a breathalyzer is ... an administrative search that does not automatically implicate Fourth Amendment concerns" because "operation of a government office, school, or prison ... presents special needs beyond normal law enforcement that may justify departures from the usual warrant and probable-cause requirements. A breathalyzer test, by its nature, does not implicate serious privacy concerns because breath tests reveal the level of alcohol in the employee's bloodstream and nothing more." Majewski v. Luzerne Co. Corr. Facility, #3:05cv2396, 2007 U.S. Dist. Lexis 26056 (M.D. Pa.), relying on Skinner v. Rwy. Lab. Exec. Assn., 489 U.S. 602 at 620 (1989).
     Tenth Circuit rejects a privacy claim raised by a city employee who brought a personal computer to work. Kiddie porn was found on his computer while another worker tried to resolve a problem with the city's computer. Other employees regularly entered the workspace and the appellant did not install password protection. When a public employee voluntarily brings his personal computer to a public facility for work-related use, mere ownership is not enough to raise a reasonable expectation of privacy. U.S. v. Barrows, #06-6274, 2007 U.S. App. Lexis 7621 (10th Cir.).
     Federal appeals court upholds a management demand that a police officer, that was suspected of pilfering money from an arrested person, release his personal bank records for a two-day period. The officer falsely claimed that he had obtained money from an ATM. Because it was a noncriminal administrative investigation, the order to produce bank records was not a Fourth Amendment violation. Westbrook v. City of Omaha, #06-1935, 2007 U.S. App. Lexis 7528 (Unpub. 8th Cir.).
     Seizure of a federal government employee's work computer by internal investigators was lawful because she was accused of having divulged official information to her husband, and had nothing to do with her race or national origin. Plasai v. Mineta, #05-10716, 2006 U.S. App. Lexis 31976 (Unpub. 5th Cir. 2006). [N/R]
     Although a person has a legitimate expectation of privacy in his workplace office, the employer retained the ability to consent to a search of his office and his computer by law enforcement officers. U.S. v. Ziegler, #05-30177, 2007 U.S. App. Lexis 1952 (9th Cir. 2007). [N/R]
     Ninth Circuit upholds warrantless seizure of data from an employee's workplace computer. The defendant was aware that management had a firewall that permitted his superiors to continuously monitor employees' use of the Internet. U.S. v. Ziegler, #05-30177, 2006 U.S. App. Lexis 20255 (9th Cir. 2006). {N/R}
     California Supreme Court holds that peace officer disciplinary personnel information is confidential, even if the officer appeals disciplinary action to a civil service board. Copley Press v. Superior Court (Co. of San Diego, #S128603, 2006 DAR 11839, 2006 Cal. Lexis 10229 (Cal. 2006). {N/R}
     Police did not need a warrant to search a computer used by a volunteer worker at the charity's offices. The consent of the office manager was sufficient authority, and a conviction for kiddie porn was affirmed. Washington v. Leck, 30714-6-II, 2004 Wash. App. Lexis 3121 (2004). {N/R}
     Federal court finds it was unlawful to detain police trainees nine hours after their workday ended to conduct an I-A investigation of alleged exam cheating. However, the detainees were not entitled to damages because I-A investigators and academy staff could have erroneously believed in 2001, that the detentions were lawful because of the employment relationship. Myers v. Baca, 02-CV-08098, 325 F.Supp.2d 1095, 2004 U.S. Dist. Lexis 14182 (C.D. Cal. 2004). [2005 FP Feb]
     Eighth Circuit holds that a state employee lacked a legitimate expectation of privacy as to the contents of his state-owned computer. Remote location search upheld.. U.S. v. Thorn, #03-3615, 375 F.3d 679, 2004 U.S. App. Lexis 14295 (8th Cir. 2004). [2004 FP Oct]
     Whether the use of "administrative search warrants" to conduct locker searches is lawful is a question for an arbitrator under the bargaining agreement, and not the courts, when the issue is raised by a union and not by an officer who claims that his rights were violated. Mich. St. Police Troopers Assn. v. Mich. Dept. of State Police, #237648, 2003 Mich. App. Lexis 2827 (2003). [2004 FP Feb]
     A divided federal appeals court holds that an anonymous letter, accusing a prison employee of having a gun in his car, was an insufficient basis to search the vehicle while it was parked on prison property. Wiley v. Dept. of Justice, #02-3044, 2003 U.S. App. Lexis 9175 (Fed. Cir. 2003) reversing 89 M.S.P.R. 542, 2001 MSPB Lexis 917 (MSPB 2001). [2003 FP Jul]
     Eighth Circuit reverses a lower court ruling that had suppressed the evidence obtained by a search warrant that was faxed to Yahoo. "The Fourth Amendment does not explicitly require official presence during a warrant's execution, therefore it is not an automatic violation if no officer is present during a search." U.S. v. Bach, #02-1238, 310 F.3d 1063, 2002 U.S. App. Lexis 23726 (8th Cir. 2002). {N/R}
     Supreme Court declines to hear FBI Director's appeal. Fourth Circuit allowed a former Dept. of Energy whistleblower to sue the Director after agents gained entry to his home by allegedly bullying his roommate, and then seized his computer's hard drive. Freeh v. Trulock, 02-443, 2002 U.S. Lexis 8703, 71 U.S.L.W. 3387 (2002); rptd. below sub nom Trulock v. Freeh, #00-2260, 275 F.3d 391 (4th Cir.). Trulock exposed penetration of the Los Alamos Lab by Chinese intelligence agents. {N/R}
     Federal appeals court finds an FBI search of a city agency's offices was illegal. City attorney lacked the authority to consent to a search, which was not for employment-related purposes. Jones v. U.S., #01-10352, 286 F.3d 1146, 2002 U.S. App. Lexis 7132 (9th Cir. 2002). [2002 FP Nov]
     Ninth Circuit invalidates an FBI search of a city office, with the permission of the City Attorney. A city attorney does not have the authority to consent to a workplace search by criminal investigators. U.S. v. Jones, #01-10352, 286 F.3d 1146, 2002 U.S. App. Lexis 7132 (9th Cir. 2002). [2002 Oct. FP]
     Ninth Circuit upholds a federal employer's random search of an employee's backpack to deter employee theft, where all employees had signed a notice that his belongings were subject to suspicionless searches. U.S. v. Gonzalez, #01-30059, 300 F.3d 1048, 2002 U.S. App. Lexis 16470 (9th Cir. 2002). [2002 Oct. FP]
     Fourth Circuit denies an en banc rehearing in the Los Alamos Lab whistleblower lawsuit. Action leaves intact a three-judge holding that the FBI agents violated the Fourth Amendment when they conducted a warrantless search of a DoE whistleblower's password protected computer files after his roommate consented to the search. Trulock v. Freeh, #00-2260, 289 F.3d 829, 2002 U.S. App. Lexis 7044 (Unpublished Order, 4th Cir. 2002). [N/R]
     Federal appeals court upholds management's seizure of a laptop issued to an employee. Evidence was admissible because the employer had an announced policy that management could inspect the computers furnished for the use of the employees. Muick v. Glenayre Electronics, #00-3299, 280 F.3d 741 (7th Cir. 2002). [2002 FP Jun]
     California appeals court allows the search of an employer-owned computer used at an employee's home; he had signed a consent form and was obligated to permit the inspection. TBG Insur. v. Super. Ct. (Zieminski), #B153400, 2002 Cal. App. Lexis 1839 (Cal. App. 2d Dist. 2002). [2002 FP May]
     Fourth Circuit holds that FBI agents could not rely on a roommate's consent to search password-protected files in a computer they shared his password-protected computer files. Trulock v. Freeh, #00-2260, 275 F.3d 391, 2001 U.S. App. Lexis 27341 (4th Cir. 2001).  [2002 FP Apr]
     Federal appeals court upholds a multi-step search of the computer issued to a state employee, who was later demoted for loading tax returns related to his secondary occupation. Leventhal v. Knapek, #00-9306, 2001 U.S. App. Lexis 21303 (2nd Cir.). [2002 FP Feb]
     Supreme Court declines to hear a prison employee search case. A visual body cavity search of prison employees does not require probable cause, but management must a have reasonable and individualized suspicion that the employee is hiding contraband on his/her person. Although officials briefly observed the plaintiff's vaginal and anal cavities, the search was supported by tip from previously reliable inmate-informer. Leverette v. Bell, 247 F.3d 160 (4th Cir. 2001); cert. den., #01-277, 70 L.W. 3315 (2001). See article in the July 2001, Jail & Prisoner Law Bull.
     Federal appeals court upholds a body cavity search of a corrections officer, based on a tip thought to be reliable. Even if the search violated official prison policies, it did not create civil liability. Leverette v. Bell, #00-1407, 247 F.3d 160, 2001 U.S. App. Lexis 6255, 17 IER Cases (BNA) 877 (4th Cir.). [2001 FP 70-1]
     A former DEA agent could proceed with a Bivens claim against fellow officers who searched his home while he was on leave. Collins v. Bender, #98-15040, 195 F.3d 1076, 1999 U.S. App. Lexis 27369 (9th Cir.). {N/R}
     Federal court upholds the right of a police chief to clone the agency-issued pager of an officer suspected of wrongdoing, and to monitor the messages sent to the pager. Adams v. City of Battle Creek, 1999 U.S. Dist. Lexis 6151, 15 IER Cases (BNA) 254 (W.D. Mich. unpub.). [1999 FP 148-9]
     Illinois appellate court affirms a $900,000 verdict for four private sector employees who were strip-searched by management in hopes of finding $50 in missing funds. Workers Comp. laws are no bar to bring a suit for this kind of conduct. Toothman v. Hardee's, # 5-97-1034, 1999 Ill. App. Lexis 279, 304 Ill.App.3d 521, 710 N.E.2d 880. [1999 FP 84-5]
     Police chief did not violate an officer's rights when he read entries in his personal diary, or in retaining the diary for 3 months while evaluating the officer's fitness. Entries concerning other officers did not implicate a matter of "public concern" for the purpose of First Amendment protections. Verri v. Nanna, 972 F.Supp. 773 (S.D.N.Y. 1997). {N/R}
     Federal appeals court affirms a damage award of $436,000 for an ex-state employee who was fired because of sexually explicit mail found in a search of his office. The California state agency did not have a policy authorizing warrantless inspections of offices and desks. Ortega v. O'Connor, 146 F.3d 1149, 1998 U.S. App. Lexis 13573 (9th Cir.). [1998 FP 118-9]
     Federal appeals court upholds warrantless search of an investigator's desk, even though conducted by police officers. Gossmeyer v. McDonald, 128 F.3d 481, 1997 U.S.App. Lexis 27756 (7th Cir.). [1998 FP 37]
     Investigators can enter internet chat rooms to investigate suspects; no expectation of privacy as to conversations or e-mail attachments sent. U.S. v. Charbonneau, #CR-2-97-83, 1997 WL 627044 (S.D. Ohio). [1998 FP 8]
     Maryland appellate court allows a warrantless search of a take-home police vehicle. Evidence seized from the car was admissible in a criminal prosecution of the officer assigned the unit. Martin v. State, 113 Md.App. 190, 686 A.2d 1130, 1996 Md.App. Lexis 181. [1997 FP 148]
     Louisiana appeals court allows a warrantless search of an officer's desk on mere suspicion of misconduct. Documents taken during the search were admissible at an administrative hearing for misconduct. Saacks v. City of New Orleans, 687 So.2d 432, 1996 La.App. Lexis 2899 & 3263 (2nd opin.). [1997 FP 149]
     Federal court in Pennsylvania says the opening of personal letters in an employee's desk is an invasion of privacy. The law recognizes an exception if the purpose of the intrusion is for the safety of the worker or others. Doby v. Decrescenzo, 1996 U.S. Dist. Lexis 13175 (E.D.Pa.). [1997 FP 149-50]
     Federal court allows damage suit against municipality and a police lieutenant for obtaining and using a list of the videotapes an officer and his wife had rented. Federal privacy law violated. Dirkes v. Bor. of Runnemede, 1996 U.S. Dist. Lexis 11806, 1996 WL 466537 (D.N.J.). [1996 FP 166-7]
     Federal court holds that management could retrieve and read the text of pager messages between two police officers, where the department's computer network was used as the service provider. Bohach v. City of Reno, 11 IER Cases (BNA) 1707, 1996 U.S.Dist. Lexis 10715 (D.Nev.). [1996 FP 149-50]
     Federal court rules that management is not entitled to test a woman police officer for pregnancy without her consent, and must obtain a search warrant for that purpose. Judge refuses to dismiss her damage claims for conducting the test as part of a departmental physical exam. Ascolese v. SEPTA, 925 F.Supp. 351 (E.D.Pa. 1996). [1996 FP 154-5]
     Management could intercept employee e-mail messages, in spite of a broken promise of confidentiality. Contents could be used to terminate the worker whose messages were intercepted. Smyth v. The Pillsbury Co., 914 F.Supp. 97 (E.D.Pa. 1996). [1996 FP 84-5]
     Federal court establishes when a search warrant is needed to electronically access the memory of a person's pager. U.S. v. Reyes, 1996 U.S. Dist. Lexis 28, 922 F.Supp. 818, 59 CrL (BNA) 1403 (S.D.N.Y. 1996). [1996 FP 55-6]
     Arbitrator upholds suspension of a corrections officer who refused a search of his tote bag; punishment reduced. Dept. of Corrections D.C. and FOP, 105 LA (BNA) 468 (Rogers, 1995). [1996 FP 40-1]
     Officers conducting an internal investigation were entitled to qualified immunity on the issue of illegal search of an officer's home that he shared with an informant. Amato v. City of Richmond, 875 F.Supp. 1124 (E.D.Va. 1994). {N/R}
     Federal judge upholds warrantless search of 350 police lockers after heroin was found next to the locker room. Brambrinck v. City of Philadelphia, 1994 WL 649342, 1994 U.S.Dist. Lexis 16538 (E.D. Pa). [1995 FP 149-50]
     Supervisors were justified in entering a police officer's home, under the emergency doctrine, when she failed to report for duty. Evidence of the use of drugs, observed in plain view, was admissible. Roman v. N.Y.C. Police Dept., 198 A.D.2d 143, 603 N.Y.S.2d 856 (1993). [1994 FP 167]
     Arbitrator upholds disciplinary punishment of corrections officer who refused to allow his superiors to search his vehicle while on prison grounds. Termination reduced to a disciplinary suspension; ultimate penalty was likely imposed because the grievant was president of the correctional officers assn. Folsom R.T.C. and Folsom Corr. Peace Ofcrs. Assn., 101 LA (BNA) 837 (Staudohar, 1993). [1994 FP 133-4]
     Louisiana appellate court upholds a lieutenant's order to an officer with alcohol on his breath to submit to a breathalyzer. Johnson v. Dept. of Police, 615 So.2d 1064 (La.App. 1993). [1994 FP 40]
     Federal appeals court upholds $650,000 in damages awarded for overzealous LAPD investigation. Officer was fired for refusing to allow an "administrative search" of his home. Los Angeles Police Prot. League v. Gates, 995 F.2d 1469 (9th Cir. 1993). [1994 FP 5]
     L.A. jury awards $550,000 to employee who refused to turn out his pockets to security officers conduct a random search of employees for drugs. Overby v. Chevron, L.A. Co. Super. Ct. #SWC98552, 106 (16) L.A. Daily Journal 1 (1993). [1993 FP 41-2]
     Federal court upholds right of a supervisor to load and read a computer disk found in an unlocked drawer of a desk assigned to a subordinate. Employee lacked a reasonable expectation of privacy. Williams v. Philadelphia Housing Auth., 8 IER Cases (BNA) 1121 (E.D.Pa. 1993). [1993 FP 135]
     NY Appellate court upholds a sergeant's warrantless search of a state trooper's locker. Moore v. Constantine, 594 N.Y.S.2d 395 (A.D. 1993). [1993 FP 135-6]
     List of states that have ruled on application of exclusionary rule to administrative searches: Issue #158 (Feb. '88) Pp. 4-5.
     Warrantless search of a locker belonging to a state trooper is upheld in New York. Moore v. Constantine, 574 N.Y.S.2d 507 (Sup. 1991). [1992 FP 151]
     Shredded documents are an exception to warrantless trash can searches; shredding party has a reasonable expectation of privacy that pieces will not be reconstructed into incriminating documents. United States v. Scott, 776 F.Supp. 629 (D. Mass. 1991), citing California v. Greenwood, 486 U.S. 35 (1988). [1992 FP 3-4]
     Search of officer's patrol unit was lawful with or without his consent. $10,000 seized from his gym bag could also be used in a criminal prosecution. Gamble v. State, 552 A.2d 928 (Md. App. 1989).
     Federal court upholds unannounced search of 1647 postal lockers in Ohio facility; private claims rejected. American postal Workers Union v. U.S. Postal Service, 671 F.Supp. 497 (S.D. Ohio 1987).
     Federal appeals panel upholds court-authorized video surveillance of a business premises. U.S. v. Koyomejian, 946 F.2d 1450 (9th Cir. 1991); modif. 50 CrL (BNA) 1399; en banc 92 D.App.Rep. 9211 (7/1/92). See also: United States v. Cuevas-Sanchez, 821 F.2d 248, 252 (5th Cir. 1987). [1992 FP 4]
     Prolonged, overt IAD surveillance of an innocent police officer did not violate her 4th, and 14th Amendment rights. Carrillo v. Ward, 770 F.Supp. 815 (S.D.N.Y. 1991). [1992 FP 5]
     Hidden videocamera in drug agents" office violated the Fourth Amendment, but a warrantless search of the office was lawful. United States v. Taketa, 923 F.2d 665 (9th Cir. 1991).
     Federal court strikes down a prison regulation authorizing the strip search of correctional officers on entering the institution. Possessions and personally owned autos were also subject to a standardless search. Scoby v. Neal, 734 F.Supp. 837 (C.D. Ill. 1990).
     Maryland's highest court holds that employee's consent to search his auto trunk extended to the contents of a gym bag contained therein. Gamble v. State of Maryland, 567 A.2d 95 (Md. 1989).
     Federal court in Georgia would allow warrantless desk, office and gym bag on a reasonable suspicion standard in an internal investigation; probable cause would be required if prosecution is sought. In "mixed motive" searches, the jury must find the true or primary motive. Lowe v. City of Macon, 720 F.Supp. 994 (M.D. Ga. 1989).
     U.S. Appeals Court upholds right of public employee's to refuse a search of his home with an "administrative search warrant." Los Angeles Police Protective League v. Gates, 907 F.2d 879 (9th Cir. 1990).
     Federal appeals court finds that IAD commander was not civilly liable for work-related searches. Probable cause was not needed for the warrantless search of a employee's desk, his ISP vehicle, and a locked briefcase. Shields v. Burge, 874 F.2d 1201 (7th Cir. 1989).
     Minnesota Appeals Court adopts exclusionary rule in discharge cases. Minn. State Patrol Trooper's Assn. v. State Dept. of Public Safety, 437 N.W.2d 670 (Minn. App. 1989).
     U.S. Appeals Court upholds warrantless search of employee lockers during drug investigation; employees had notice of employer's right to inspect lockers. American Postal Workers Union v. U.S. Postal Service, 871 F.2d 556 (6th Cir. 1989).
     Federal court upholds warrantless search of fire chief's desk on reasonable suspicion or for work-related purposes. Diaz Camachio v. Lopez Rivera, 699 F.Supp. 1020 (D.P.R. 1988).
     Federal court in Chicago upholds warrantless search of firehouse lockers; non-consensual inspections for alcohol or drugs does not violate the fourth amendment. Chicago Fire Fighters L-2 v. City of Chicago, 717 F.Supp. 1314, 4 IER Cases (BNA) 970 (N.D. Ill. 1989).
     D.C. Circuit holds that "an individual need not shut himself off from the world in order to retain his fourth amendment rights. He may invite his friends into his home but exclude the police; he may share his office with co-workers without consenting to an official search." U.S. v. Most, 876 F.2d 191 at 198 (D.C. Cir. 1989). See also, Mancusi v. DeForte, 392 U.S. 364 (1968) and U.S. v. Lyons, 706 F.2d 321 (D.C. Cir. 1983). {N/R}
     Employer can consent to warrantless drug search of premises by police, but officers do not have the right to detain employees for questioning without a reasonable suspicion of involvement. People v. Shields, 252 Cal.Rptr. 849, 205 Cal.App.3d 1075 (1988).
     Correctional officer could sue on claim that strip search of him for drugs lacked reasonable suspicion. Kennedy v. Hardiman, 684 F.Supp. 540 (N.D. Ill. 1988).
     In 4+1 to 4 decision, U.S. Supreme Court says that searches of an employee's office must be decided on a case-by-case basis. O'Connor v. Ortega, 107 S.Ct. 1492 (1987).
     Strip search of police employee arrested for theft was unconstitutional; court refuses to dismiss her civil rights suit. Willing v. City of Farmington Hills, 406 N.W.2d 298 (Mich. App. 1987).
     Officer, wrongly accused and searched for "missing" marijuana, awarded $55,000 in damages for civil rights violations. Tomer v. Lombardo, U.S. Dist. Ct. (C.D. Cal. 1987).
     Warrantless search of employee's desk to seize porno collection gives rise to a federal lawsuit for fourth amendment violations. Schowengerdt v. General Dynamics, 823 F.2d 1328 (9th Cir. 1987).
     Management could not lawfully force open a worker's locker which was protected by her personally owned padlock. Although there is no difference between accessing an unlocked locker, and removing the lock from one where the employer provides the lock or retains a key or combination, there is a reasonable expectation of privacy when the employee buys and uses his own lock on the locker, with the employer's knowledge. K-Mart Corp. v. Trotti, 677 S.W.2d 632 (Tex.App. 1984), appeal denied, 686 S.W.2d 593 (Texas 1985). {N/R}
     Weingarten does not give an employee the right to have a labor rep present when a strip-search is conducted. DoJ Bur. of Prisons and AFGE L-3696 (ALJ opin. 1983), rptd. at 1984 FLRA Lexis 544, 14 FLRA No. 59. {N/R}
     Internal affairs could require employee, suspected of theft, to submit to ultraviolet "blacklight" exam of his hands. Los Angeles Police Prot. League v. Gates, 579 F.Supp. 36 (C.D. Cal. 1984).
     "Arbitrators have consistently held that the employer has a right to conduct a search of lunch boxes, lockers and persons and that refusal to permit a search may include discharge. The arbitrators have been attentive to the motivation for the search and the circumstances under which it was conducted, attempting to balance the legitimate interests of the employer and the personal dignity of the employee." Shell Co., Inc., 81 LA (BNA) 658 (1983). {N/R}
     Federal court resolves suit based on warrantless search of officer's desk; $26,500 in damages and costs approved. Ferrari v. Melleby, Civ. #76-1480 (D.N.J. 1978).
     Deputy sheriff did not have a reasonable expectation of privacy over the contents of his locker. Warrantless search was lawful. Shaffer v. Field, 339 F.Supp. 997 (C.D.Cal. 1972) aff'd 484 F.2d 1196 (9th Cir. 1973). {N/R}
     An ultraviolet illumination is not a "search" within the meaning of the 4th Amendment; see Brock v. U.S., 223 F.2d 681 at 685 (5th Cir. 1955).{N/R}
     See also: Disciplinary Discovery; Disciplinary Evidence - Exclusionary Rule; E-Mail - Legal Issues; Privacy Rights.