Legal Question in Criminal Law in Minnesota

Re: employer search

Though the information provided is limited, three potential issues seem obvious - standing, state action, and consent. If the computer search did not belong to the "person" (target) and the "person" did not have a "reasonable expectation of privacy" in either the computer searched or its contents, then "person" may have a "standing" problem when challenging the legality of the search. Next arises the issue of state action. If the employer is not a state actor, it may be more difficult, though still perhaps possible, to apply remedies for constitutional violations. Third, if the computer and its contents belonged solely to "employer" and "person" had no privacy rights in relation to them, then the employer's consent to search will be an issue.

FFI: http://www.liberty-lawyer.com

Re: employer search

If the employer allowed a search of the computer, no probable cause for a warrant was necessary since htere was no expecttation of privacy in the computer by the employee. It is unlikely to be suppressed.

For criminal defense representation call 612.240.8005