Legal Question in Employment Law in Texas

Can the police chief order and employee to enter his own home?

While employed with a police department I uncovered some wrong doing by the department. I took a statement from a citizen who witnessed an action by an officer. I then attempted to give that statement to our assistant chief of police. He refused to take the statement and a tape recorded conversation.

A year later the Chief of police shows up in my office and demands I take him to my home. I refuse and he then threatens me with my job.

I take him to my home to retrieve the statement which was offered to my department a year earlier. While en-route to my home I tell him I don't want to do this and I am not giving consent for him to enter my home. I am entering my home as his agent and that it is done without consent. I show the statement through the glass in my front door.

The entire event is recorded and in evidence.

Is his request legal and where can I find case law on this type behavior? Can he order me to search my own home against my will?


Asked on 12/30/03, 8:19 pm

1 Answer from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Can the police chief order and employee to enter his own home?

The important question is whether or not the Chief is retaliating against a public employee for voicing a matter of public concern. If so, the retaliation violates the First Amendment to free speech and is actionable.

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Answered on 12/30/03, 9:34 pm


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