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  1. #1
    Delfia318 is offline Junior Member
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    Can my employer search my car or purse?

    Can my empolyers leaglly search my car or purse? I live in Michigan and my employer wants everyone to sign a waver stating they can search our desks, purses, or even our cars that are parked on their property. This seems like an invasion of privacy. Does the Fourth Amendment protect us at work?
  2. #2
    justalayman is offline Senior Member
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    this is not a 4th amendment issue since the 4th amendment applies to government entities searching your property. The 4th amend does not apply to a private entity such as an employer.

    Now, whether you have a legal right to refuse or not is a different question.

    before getting into this; what type of business is your employer engaged in? I can assure you there are certain areas of employment where they would have full rights to demand you comply or terminate your employment. In others, I cannot say without any certainty without some research.

    are you asking about your purse that you carry into your place of work or are you leaving it in the car?

    do you own the desk or does your employer own the desk?
  3. #3
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by Delfia318 View Post
    Can my empolyers leaglly search my car or purse? I live in Michigan and my employer wants everyone to sign a waver stating they can search our desks, purses, or even our cars that are parked on their property. This seems like an invasion of privacy. Does the Fourth Amendment protect us at work?
    My employer requires it as a term of employment. I have only seen a few people get arrested since I have been there. Why are you concerned, unless you are trying to hide something.
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    My employer requires it as a term of employment. I have only seen a few people get arrested since I have been there. Why are you concerned, unless you are trying to hide something.
    personally, I draw the line at entering the place of employment. I would decline to allow a search of my vehicle. I have no problem with a search of myself or lunchbox, purse, etc, when entering or being within the workplace.
  5. #5
    OHRoadwarrior is offline Senior Member
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    The only times I have heard of a vehicle search, was when city police were present, after camera observation detected theft.
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    The only times I have heard of a vehicle search, was when city police were present, after camera observation detected theft.
    I know of places that do reserve the right to search a vehicle and in fact, of a place where it resulted in the employee being fired for having a weapon on the employers premises. That actually resulted in a change in the law regarding legal possession of weapons to where now, the employer cannot refuse to allow such a possession.

    just to clarify; this dealt with the parking lot, not inside the employers premises.
    Last edited by justalayman; 10-30-2011 at 07:02 PM.
  7. #7
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    I can see the desks as they own them. The purses and cars, not unless it was part of your original employment contract.

    Where do you work, type of business (bank, DOD ?)

    If you don't sign they may fire you but you certainly would be due unemployment at the very least.
  8. #8
    swalsh411 is offline Senior Member
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    Your desk belongs to the employer and you have no expectation of privacy there. They have a legitimate need to be able to search your desk in case you are out and they need something.

    They aren't going to just search without your knowledge and permission. (impossible to do with your car anyway as long as you lock if). They would ask and it would be in your presence. They cannot force you to consent. They could fire you if they asked and you refused. If you are concerned about your purse being search without your knowledge you can buy a lockable one or start using a messenger bag or briefcase or something else that locks.

    Quote Originally Posted by Captain Picard View Post
    If you don't sign they may fire you but you certainly would be due unemployment at the very least.
    I agree with you believe it or not.

    Quote Originally Posted by OHRoadwarrior View Post
    Why are you concerned, unless you are trying to hide something.
    Are you kidding me? I cannot believe I am reading this. Are you familiar with the concept of privacy? You can justify practically any horrible invasion with the "well what are you trying to hide?' nonsense. Why stop at the car? Why not let your employer search your home? Or put a camera in your bedroom? After all your employer may want to know about your sexual proclivities because they could impact your work performance. If you have nothing to hide why would you object?
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    Your desk belongs to the employer and you have no expectation of privacy there. They have a legitimate need to be able to search your desk in case you are out and they need something.

    They aren't going to just search without your knowledge and permission. (impossible to do with your car anyway as long as you lock if). They would ask and it would be in your presence. They cannot force you to consent. They could fire you if they asked and you refused. If you are concerned about your purse being search without your knowledge you can buy a lockable one or start using a messenger bag or briefcase or something else that locks.



    I agree with you believe it or not.



    Are you kidding me? I cannot believe I am reading this. Are you familiar with the concept of privacy? You can justify practically any horrible invasion with the "well what are you trying to hide?' nonsense. Why stop at the car? Why not let your employer search your home? Or put a camera in your bedroom? After all your employer may want to know about your sexual proclivities because they could impact your work performance. If you have nothing to hide why would you object?
    Lots of people have very legal, but very private stuff in their purses. I would certainly never agree to mine being searched...same thing with my car.
  10. #10
    cbg
    cbg is offline Senior Member
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    Then the two of you had better never work for, say, a company that processes gold and silver or other valuable metals. I guarantee you that purse searches are the norm in such establishments.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  11. #11
    LdiJ is offline Senior Member
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    Quote Originally Posted by cbg View Post
    Then the two of you had better never work for, say, a company that processes gold and silver or other valuable metals. I guarantee you that purse searches are the norm in such establishments.
    If that was the case, I wouldn't carry my purse to work.

    The employer has other options to protect themselves. The norm in those situations is to provide lockers outside of the protected area and search the employees bodily as they come and go. Even the airlines don't search your purse unless the x-ray shows something suspicious.
  12. #12
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Lots of people have very legal, but very private stuff in their purses. I would certainly never agree to mine being searched...same thing with my car.
    Some woman carry a personal vibration device, however I don't believe it belongs in the workplace.
  13. #13
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    If that was the case, I wouldn't carry my purse to work.

    The employer has other options to protect themselves. The norm in those situations is to provide lockers outside of the protected area and search the employees bodily as they come and go. Even the airlines don't search your purse unless the x-ray shows something suspicious.
    Uhm, an "x-ray" is a search.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by You Are Guilty View Post
    Uhm, an "x-ray" is a search.
    Its not the same thing though, as far as I am concerned. Nobody is going to be able to read what personal paperwork happens to be in your purse via an x-ray, or be able to read what kind of medication you are taking, or be looking at the emergency pair of panties you keep in your purse...etc.
  15. #15
    mlane58 is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    Its not the same thing though, as far as I am concerned. Nobody is going to be able to read what personal paperwork happens to be in your purse via an x-ray, or be able to read what kind of medication you are taking, or be looking at the emergency pair of panties you keep in your purse...etc.
    That was just too much information the emergency panties---OK?

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