escavader said:
BIRD,
I have often wondered about this when you said ""vehicles"[You might be referrring to company vehicles ,but bare with me].Unless one was thought of stealing,what right would an employer have to search a private vehicle?My company has a weapons policy,and you are forbidden to bring them on company property.But if one was to have a legal concealed weapons permit,kept one under the seat,never spoke of it,or showed it,and then one day,say vehicles were searched for what ever reason,could the employee have any recourse? Is it legal to search someones personal property[vehicle] without probable cause,and a law inforcement officer on hand? Where does personal property and private property intersect?Of course this is a hyper thetical question in case my employer is spying on me
ALAN
Alan, I'm not an attorney, so you can take what I say for what it's worth. Yes, when I used the word "vehicles" I was thinking of company owned vehicles. As for privately owned vehicles on company property, it would depend on the circumstances. It might or might not be legal. The police (government agents) need probable cause, consent, or a warrant (and of course probable cause is necessary to obtain a warrant), but private individuals do not necessarily need those. It really makes little difference whether a law enforcement officer is on hand or not. In fact, evidence discovered by an individual, not acting for the government, is usually admissible in court, but if an officer were present, and the defendant could convince a court that the private individual was acting as an agent of the police, then probable cause, consent, or warrants becomes an issue.
Now, that's talking about evidence of criminal activity that is used in a criminal trial. The beginning of this thread was only about an employer searching employees' desks (for what we don't know), but something could be found that might lead to disciplinary action up to and including dismissal. The employer probably had no intentions of looking for or finding evidence of criminal activity; only evidence of failing to properly perform the job the person was hired for. In such a case, law enforcement and courts won't even be involved unless the employee wants to file a civil lawsuit for invasion or privacy or something similar (and I'd be surprised if the employee could win). But suppose the employer is only searching for something related to the job and accidentally happens onto evidence of criminal activity; e.g., an illegal weapon, drugs, or stolen property. Since the employer was not acting for the police at the time, the evidence will be admissible in a criminal trial. The fourth amendment only applies to the government (or at least the most recent court rulings I know of say that).
But back to your specific question. Your company prohibits weapons on their property, but you have a concealed weapon permit. And the weapon is found on company property. First, I think the company could fire you and you'd have no recourse. As to whether any criminal charges could be filed, I guess it depends on your state laws. Some state laws do make it a criminal offense to take a weapon onto property on which the owner has forbid weapons, but I don't know that all states do.
