4th Admendment Rights - Search & Seizure

[dinar1111]

What is the name of your state (only U.S. law)? California
I work for the Dept. of Corrections at Valley State Prison for Women. On October 16, 2009 at approx. 1515 hrs...sorry to sound so official, but it is how I have been thinking regarding this issue .... I was notified by a Sgt. at my institution to come and secure my vehicle. I asked him what he was talking about. He stated that Associated Warden Blanco had searched my car and my trunk and please come and secure it. I had driven my older vehicle that day, an '84 VW Rabbit Convertible. The top was down, however, the car was secure in that the glove compartment was locked and the steering wheel was locked. The trunk was latched but not locked. Before coming to Valley State I was in law enforcement as a police officer and a Deputy Sheriff and truly I went to check to see if something had changed since I have been working for CDC regarding search and seizure laws. I am seeking outside advice as this administration is notorious for sweeping things "under the carpet" and honestly I am afraid of retribution on their part as well. I am a little old lady just trying to get through to my retirement but I absolutely feel violated that Mr. Blanco, with no provocation, other than I drove a convertible, searched my vehicle while it was parked in the employees parking lot. I do not know exactly why he searched my closed trunk or even my car. What do you think?What is the name of your state (only U.S. law)?

[Zigner]

Originally Posted by dinar1111

What is the name of your state (only U.S. law)? California
I work for the Dept. of Corrections at Valley State Prison for Women. On October 16, 2009 at approx. 1515 hrs...sorry to sound so official, but it is how I have been thinking regarding this issue .... I was notified by a Sgt. at my institution to come and secure my vehicle. I asked him what he was talking about. He stated that Associated Warden Blanco had searched my car and my trunk and please come and secure it. I had driven my older vehicle that day, an '84 VW Rabbit Convertible. The top was down, however, the car was secure in that the glove compartment was locked and the steering wheel was locked. The trunk was latched but not locked. Before coming to Valley State I was in law enforcement as a police officer and a Deputy Sheriff and truly I went to check to see if something had changed since I have been working for CDC regarding search and seizure laws. I am seeking outside advice as this administration is notorious for sweeping things "under the carpet" and honestly I am afraid of retribution on their part as well. I am a little old lady just trying to get through to my retirement but I absolutely feel violated that Mr. Blanco, with no provocation, other than I drove a convertible, searched my vehicle while it was parked in the employees parking lot. I do not know exactly why he searched my closed trunk or even my car. What do you think?What is the name of your state (only U.S. law)?

All vehicles entering the property are subject to search - I'm pretty darn sure there are signs to that effect all over the place.

[xylene]

Was something found that impacted your employment?

Are you in a union? If so what did your union delegate say?

I do not envy your position in an overburdened California prison system.

[justalayman]

what do your rules of employment state regarding searching of vehicles? What was the justification for searching your vehicle?

Is there now a problem because of something found by the search of your vehicle?

Are there signs posted as Zigner suggested?



If you haven't figured it out, what happened may or may not have been legal. More details are needed to make any sort of determination.

[dinar1111]

The policy and procedures specifically states, I must be present...I was not, the searching party must have my permission...I wasn't notified until it was all over, there was no warrant....and there was not an emergency circumstance. My union is afraid....thus useless. And I am still concerned about backlash from this administration.

[dinar1111]

Nope, nothing was found. Believe me, I really do believe in abiding by the rules, always have. In this system, without them, there is chaos. I am an orderly person I still cannot imagine what this man was thinking. And also consider, there were Jeeps in the parking lot, windows down on cars and yet he singled me out. No, I don't even know what this guy looks like, he is new to the institution. I doubt that he knows who I am. I am one of 500 officers and as many free staff.

[CdwJava]

A search of the employee vehicle should not have been conducted without the employee's consent, a search warrant, or probable cause and an exigency. Once it has been secured in the parking lot, for the warden to force entry without probable cause is unlawful.

The key here will be WHY the warden authorized such a search and under what authority. If they found it open or suspicious and did not know who it belonged to and were searching it to find evidence of registration, that is one thing. If they forced it opened it themselves, then that is another.

At this point, however, you really have little more than a grievance against your employer. there is no evidence to suppress, there are no real damages, and even though a jury might side in your favor, it is the attorney that would get enriched and not you.

The question becomes, "What now?" You can go through the union and file a grievance. Or, you can hire an attorney and try to sue them for ... well, the only award you'd get would be for pain and suffering, neither of which are likely to be articulated. So a suit might only result in attorney's fees.

I'd go the grievance route. Though you might want to find out the Admin side of things, first. There MAY have been a good reason to have gone through the vehicle.

- Carl

[dinar1111]

Thanks Carl. I had already planned on the grievance. Thanks for your experience and wisdom. I think now I just want to stop this from happening again. We'll see how this grievance unfolds. If my local union can't handle it, I will be going a bit higher to the state office. Thanks again.

[ecmst12]

However, even though you work for the state, this was not a police search which would have required a warrent or probable cause or be covered by the 4th amendment. If something questionable had been found, they might not have been able to proceed with any criminal charges, but you could absolutely still be fired for it. Unless of course there is something in your union contract which would protect you. Outside of that though, employers are not legally barred from searching their employees property while it is on the company grounds.