Legal Question in Employment Law in Louisiana

Random searching of employees

Is it legal for an employer to conduct random searches on employees? I work at a psychiatric hospital where patient belongings are frequently lost or misplaced. The administration has recently posted a memo stating, in light of this, random searches of employees will ensue. Is this legal?


Asked on 7/27/03, 1:52 pm

1 Answer from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Random searching of employees

Dear Law Guru Friend,

Yours is a good question! I am a criminal lawyer, but no expert on search and seizure. I would say that it probably is legal under the circumstances. I know that one is subject to being searched each time he goes into and out of a jail house. Same when he goes into the courthouse, at least a woman's purse, and even a lawyer's brief-case. It might be that to search an employee of a psychiatric ward over and over at random would be an invasion of one's privacy that a court might not permit. As I say, this is a good question. One of the good things about a lawyer like myself's being on Law Guru is that it forces one to think and answer questions daily; and when, like yours, a question appears that the lawyer does not know the answer to, he's embarrassed and wants to know the answer; so he will make it a point to look it up; as I am going to do on this question. I will get me the latest book on search and seizure and study your question. If I knew how to contact you again, I would relay to you what I find out. Perhaps I can do it by just checking back on this answer as it is posted on Law Guru. Best of luck! Good question! You stumped this lawyer! Best answer I can give you, and one you should take until some other lawyer tells you otherwise, then take his answer, but best one I can give is that Yes, it is legal! Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake CHarles, LA

P.S.: My e-mail address is [email protected], and if you would like to contact me later about this question, hopefully I will have a more definitive answer.

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Answered on 8/05/03, 12:28 am


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