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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-18-2004, 07:17 PM
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Work was notified that I was being investigated


What is the name of your state?I am in AZ, I am also a public sector employee. My work was notified that I was being investigated for a prescription drug charge (steriod). The investigating agency is the FDA. They approached my work to search my computer with out a warrant. They went into my private email account, bank and other private information. My work policy is that you can use your laptop for personal use but it cant be excessive. The information off my work computer was taken to judge for a warrant. The warrant was issued and served and nothing was found at my house except for some possible emails off my pc. Is it legal for a police agency to go to your employer notify the employer that an employee is being investigated and then get them to cooperate with them? Also the allegation has nothing to do with my job.
  #2  
Old 08-18-2004, 09:16 PM
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Of course. The computer system belongs to your employer so if the FDA wants access without a warrant they need to get permission. They don't need to keep the fact that you are under investigation a secret from your employer or anyone else.
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Old 08-18-2004, 09:52 PM
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Work Search notification


To sum it up the police can go to your employment let them know your being investigated. No charges have been filed its strictly an investigation. This isnt a violation of your privacy?
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Old 08-18-2004, 10:35 PM
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The laws will vary by state. However, in some states, any work-related computer or work station can be subject not only to search without a warrant, but also to a freedom of information act request or public records claim.

There are a lot of details and caveats here, and only a lawyer knowledgeable in this area in your state can say for sure, but chances are a search of your work computer and its contents is going to be perfectly lawful. Out here we are told NEVER to send or receive personal e-mail from work because of the possibility it can be sought as a public record. And if I do work from home, I theoretically can subject my home PC to a subpoena or request for work-related documents ... not a good idea to keep personal information on a computer that a dirtbag's defense attorney might be able to access.

Bottom line - consult an attorney quick if any evidence was found that might be used against you.

Carl
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