The company I work for sent out a memo stating they have the right to search your pockets,purse,and car in the parking lot.Isn't this a violation of our civil rights?
2007-07-15 05:52:58 · 12 answers · asked by wandadecatur 3 in Politics & Government ➔ Law & Ethics
Wow, did they at least give a reason? Is it unreasonable?
Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It sounds like a violation of your rights....Talk with an attorney and don't buy it is because you are on their turf....
2007-07-15 05:57:42 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Unless New Mexico has a State Constitution that is vastly more protective than the US Constitution, this is a fairly easy question to answer. If the officer who arrested your boyfriend was acting on an honest and reasonable belief that a valid warrant for his arrest had been issued, it does not matter that it was later determined that the warrant should have been revoked. The officer had probable cause to make the arrest AT THAT TIME. Therefore, a search incident to arrest is warranted and most state courts would not find this to be an illegal search and seizure.
2016-05-18 02:17:43 · answer #2 · answered by daria 3 · 0⤊ 0⤋
This is pretty much standard operating proceedure any more. At assembly plants you empty your pockets and walk through a metal detector. With contract security guards that don't know their company is ultimately owned by the Scientologists. The girls learn real fast to switch to clear plastic handbags. No lunch in the vehicles.
At trucking / warehouse / defense companies the feds might show up and roadblock the parking lot exits and search everyone. And, all of that for $9.40 / hour, 2nd shift, no benefits. We're sheep, that's all. One electronics mfg. I worked for had electronic drug testing built into the urinals. Get used to it. It just makes you wish they would treat everyone this way, including the celebs, the educators, the government that made these rules...
edit:=============
just google "workplace search". Lots of hits. Basically, the Supreme Court sides with the employer when the employer is worried.
"For example, a doctor at a state hospital was suspended for misconduct and his office was subject to a search by agency investigators. The doctor sued claiming that the search was an unconstitutional search violating privacy rights. His case ultimately went to the U.S. Supreme Court. While acknowledging that an employee has a privacy expectation in has desk or office, the court concluded that search warrant procedures were not necessary for an employers justifiable search of a work area."
2007-07-15 06:06:14 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Yes it is. A police officer even has to show probable-cause, provide a warrant, or have your permission prior to searching your person and property. For another, a private company is not even a legal government agency. Now they may have a policy stating they will ask to search your vehicle/person. If they ever try it with you, i suggest you tell them "No."
2007-07-15 11:16:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
No, it's not. Because they are not a govt agency, and the constitution only prohibits actions by govt authorities.
If your work started searching your pockets and your purse, without your consent, that's assault. If they started searching your car without your consent, that's trespass.
Of course, the can always threaten to fire you to obtain your consent. But unless you work for the govt, it's not a constitutional issue.
2007-07-15 06:19:52 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋
No, because it is their private property. There have been several cases where employers searched employees cars for guns, and when they found them the employees were fired. I don't agree with this, but the courts are behind them. I would look for another employer, one who respects your rights.
2007-07-15 05:57:44 · answer #6 · answered by Sparky 3 · 1⤊ 0⤋
Well I'm sure now they send out a memo.
I know in 2002 Privacy and Human Rights introduced new laws to back up rights to your privacy in the workplace
If they insist on this you have the right to appeal and probably have a strong case............it depends on where you work
2007-07-15 07:35:37 · answer #7 · answered by lil_munchie_x 4 · 1⤊ 0⤋
No. A company can set any policy they want during your work hours. They can do what is necessary to prevent theft, drug use and other things.
Your rights aren't violated. You are free to do what you want about it; agree or quit.
I can't imagine why anyone would object if they have nothing to hide.
2007-07-15 06:01:51 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Unless this Company is located in Iran they definitely have no right to search you private property.
2007-07-15 05:57:55 · answer #9 · answered by hironymus 7 · 2⤊ 2⤋
It sounds like illegal search and seizure to me.
2007-07-15 05:56:09 · answer #10 · answered by regerugged 7 · 1⤊ 1⤋