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This group is dedicated to giving general answers to your legal questions. The forum is hosted by experts in fire service law throughout the nation. Attorneys will respond to issues posted on this site.
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Expectation of privacy? Search warrents needed?

by Larry Lasich

Jul 1, 2011

Three crew members from different shifts share a bunk room and store their personal and work stuff in them.  One of the members falls under suspicion and the civilian head of the fire Dept.along with the ranking shift Officer tosses the room. 

Did the other members need to be notified and/or present during the search?

Nothing was found, so no harm, no foul, but for the future.  Plus I like telling them they pooched up.

  • up

    David "Chip" Comstock Jr.

    I believe the answer to this question would depend on knowing additional facts. What exactly was searched? As employees share the room, what is the expectation of privacy? Does the FD have any disclaimers? I can state that any time a governmental entity conducts a search that may result in official/disciplinary/criminal action, there is a potential claim for the violation of the employee's civil rights. Administrators need to thread lightly.

    Aug 9, 2011