Legal Question in Criminal Law in California

Car Private Property

I am a Home Health Nurse in CA. I have caught a supervisor with her hands to her face looking in my car one day. It was in the work parking lot. We have a policy that she can inspect our cars on a moments notice, but I interpret that policy to mean that ''I'' will be present when the inspection occurs. I have not been given any policy that states she can gawk in my car without me present. What are the laws concerning this?


Asked on 1/29/08, 9:00 am

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Car Private Property

You would have a better case if the supervisor had actually entered your car or at least opened the door without your permission. I don't see how you can have a reasonable expectation of privacy as to anything you leave inside your car in plain sight. That the supervisor used her hands to help her see better seems irrelevant.

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Answered on 1/29/08, 11:57 am
Eric Alford Law Office of Eric K. Alford

Re: Car Private Property

I'm assuming the inspection policy is to look for possible items taken from the facility? Anything in plain sight (looking through windows) is fair game. Touching your car is OK relating to privacy issue. It is unfortunate they can't trust the staff, and I'm quite sure you must consent and be present for much more than just a look inside. I'm in Stockton if you have any questions. Best regards

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Answered on 1/29/08, 5:31 pm
Allen Farshi Law Offices of Allen Farshi

Re: Car Private Property

Expectations of privacy are moot when it comes to the private sector, and unless there was a breaking and entry no crime occured. The employee policy manual must be carefully read by an attorney.

Sincerely

Allen

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Answered on 1/30/08, 5:17 am


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