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Does The Fourth Amendment Protect An Individual's Privacy In The Workplace?

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.

Categories: Fourth Amendment