This a question that we often get asked. Remember, the Fourth Amendment
protects ones privacy from government intrusion. Generally, absent a promise
otherwise, the Fourth Amendment does not protect an employee from employer
intrusion. That is, an employee should generally assume that the employer
is monitoring all phone calls (incoming and outgoing), copies, emails,
tracing every Web site. They do not need to have particularized suspicion,
probable cause, reasonable suspicion or any other key Fourth Amendment
phrase that might be applicable.
The major problem with this is that any incriminating evidence that an
employer might find can be turned over to the police. For example, if
an employee brings
marijuana to work every day and leaves it in his desk, this is subject to an employer
search. Thus, if they find that you are
possessing marijuana, then they can turn that over to the police and that can be used against
you in trial.
If you have been charged with
possession of a controlled substance,
contact a Plano
criminal defense lawyer today.