Can my employer agree to a police search of my workplace?

An employer's right to give consent to a search of the workplace depends on where the search is to take place.

Question

Can my employer agree to a search of my workplace?

Answer

Employers have a legitimate need to keep workplaces free of illegal drugs, weapons, and alcohol. An employer can validly consent to a search of company premises, such as a lunchroom or factory floor, and can search these areas himself. This consent can extend to employees’ work areas, such as desks and machinery.

On the other hand, employees have a reasonable expectation that their personal effects, such as a purse or jacket, will not be the subject of their employer's search or consent to a search. Police might need a warrant to search a clearly private area, such as a clothes locker.

by: , Attorney

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