Legal Question in Civil Rights Law in Virginia

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I just want to know, if a company has the right to come and do a body and vehicle search without a warrent.


Asked on 6/03/04, 11:56 am

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: search

Depends on the search.

Clearly, companies are permitted to do random drug tests and locker checks. This is a form of search. Whether they have the right to do a vehicle check, probably depends upon the company.

Further, you might have waived any objection to such searches as a matter of employment.

Third, if it's the government, the answer is in general 'yes', for obvious reasons.

Whatever the policy, it should be clearly spelled out in the employee manual.

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Answered on 6/03/04, 12:30 pm
Robert Corish Corish, Hill & Associates, PLLC

Re: search

If the vehicle is owned by the company, yes they can search it. As for your body, they can search only if you have given permission, either expressly at the time of the requested search or through previously acknowledgement of a company policy allowing such searches. You can, of course, refuse a body search by the company even if you have given prior permission, but you may subject yourself to employer action such as termination. Finally, the extent of the body search is important. For example, they are generally, not allowed to perform strip searches or searches other than general boy pat downs

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Answered on 6/03/04, 12:49 pm


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