Searching Desks & Workstations

[Crosstimbers Okie]

Here's a FLRA case where the BOP appeals an arbitrator's decision. It's a case that came out of El Reno. I've underlined the parts I found real juicy.

It seems that the FLRA didn't think much of the agency's arguments.

[cllingo]

Interesting ruling. Not a real ball buster, though, since it was determined they can search anytime, anyplace, anywhere for no reason at all, as long as there is a union rep. there.

[Crosstimbers Okie]

Yep. It's always been that way. Federal law gives an agency the right to determine its own internal security practices. However, Reasonable Suspiscion & Probable Cause still apply in criminal matters.

[KBCraig]

Originally Posted by Crosstimbers Okie

Yep. It's always been that way. Federal law gives an agency the right to determine its own internal security practices. However, Reasonable Suspiscion & Probable Cause still apply in criminal matters.

That is very important to remember, because Bureau employees and managers are Law Enforcement Officers. Searching as part of an "internal security practice", if done according to contract and policy, can result in workplace discipline, but can not result in criminal charges. To pursue charges, a search must comply with the 4th Amendment. Since Terry rules aren't going to apply in our case, a warrant would be needed.

[Crosstimbers Okie]

Terry principles especially will not apply now that we are being searched upon entry into the institution.

How many BOP managers will have the foggiest idea as to who or what this "Terry" cat is??

[Movementarian]

If it worked to their advantage they'd know.

[Hack]

If one line staff's station gets searched, so should an exec. staff's area, including what's locked up. What's good for one is good for all, eh?

[KBCraig]

One other important aspect to remember: if you're a LEO searching the private property of non-inmates (i.e., staff members), you can be sued for violating that person's civil rights.

A desk drawer that is provided for a coworker's exclusive use is just as off limits to us, as is the trunk of a car to a state trooper. Absent permission, probable cause, or a warrant, stay out!

[Crosstimbers Okie]

Good point.

[shawnr73]

I believe the case that Crosstimbers is referring to has to do with a former 9 Liuetenant that I worked for when I was at Forrest City. He was real Head Hunter. His name was Damon LaQuesta. A fine piece of work he was. He transfered from Forrest City to Lompoc as an 11. He then came back to the south looking to continue his games. Bill Woods and the El Reno gang broke it off in his A$$. He had it in for a couple of officers there. He barged into one of the offices there and found a magazine in a desk drawer. He accused the C.O. of reading on duty. Accusations are a Bitch. Needless to say, after that, he didn't try that crap any more.