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Illegal search public employee

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sunnydaze

Member
What is the name of your state? Arizona

Is anyone familiar with the case O'Connor V. Ortega it is the precedent setting case for searching a public employee office etc. It stipulates that Law Enforcement must obtain warrant when conducting criminal search of a public employee office etc. Even when the public employer consents to the search. If anyone has any advice regarding a civil suit against Law Enforcement for illegal search please advice. Below is a link as to this ruling.

http://www.cybercrime.gov/s&smanual2002.htm
 


CdwJava

Senior Member
sunnydaze said:
What is the name of your state? Arizona

Is anyone familiar with the case O'Connor V. Ortega it is the precedent setting case for searching a public employee office etc. It stipulates that Law Enforcement must obtain warrant when conducting criminal search of a public employee office etc. Even when the public employer consents to the search. If anyone has any advice regarding a civil suit against Law Enforcement for illegal search please advice. Below is a link as to this ruling.

http://www.cybercrime.gov/s&smanual2002.htm
What exactly happened? Ortgega may or may not apply here - depending on the circumstances. And if you gave consent, then the search was almost certainly legal under most any circumstance.

- Carl
 

sunnydaze

Member
I did not consent to any search. I do understand my employer can search at any time. The police asked my agency to keep it low profile.
 

CdwJava

Senior Member
sunnydaze said:
I did not consent to any search. I do understand my employer can search at any time. The police asked my agency to keep it low profile.
Then it depends on the details. The area searched, who has access to it, what the nature of the investigation is, etc.

- Carl
 

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