Consent to search as a condition of employment ?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Is it legal for law enforcement to search a vehicle, without cause, on my employer's property?[/quote]

Also bear in mind the tremendous differences between Law Enforcement and private security guards hired by the company you work for.

LEOs, as agents of the Governments, are bound by all of the Bill of Rights.

Private Security Officers, not being affiliated with the Government, are bound by some of the Bill of Rights.

At least, that's how I understand it.

LawDog
 
paratrooper,
I'm wondering the same things my self. Just what's needed for law enforcement to make me open the empty locked trunk?

mrat,
I'm kind of speechless to learn that. Ya know, a lot of us bi*ch about our rights being trampled, and rightly so, but it seems like it's just following suit. I wonder how much of what we are seeing, started in "the blue sector"? Hmmmm, makes you wonder.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by RAE:

mrat,
I'm kind of speechless to learn that. Ya know, a lot of us bi*ch about our rights being trampled, and rightly so, but it seems like it's just following suit. I wonder how much of what we are seeing, started in "the blue sector"? Hmmmm, makes you wonder.[/quote]

I never thought about that, but you are right. Many of our administrators view us (LEOs) as their property. If they want to give us a polygraph we cannot refuse. If we are questioned about something we must answer their questions or disciplined, the right to remain silent does not apply. They can even control our off-duty behavior. Many officers are disciplined or fired for non-criminal off duty behavior. Also a chief while in uniform can do all kinds of photo ops and interviews for gun control but his officers cannot do the same for RKBA. Unfortunately many departments have the "do as I say not as I do" mentality.
 
With the changed to the CCW laws in 1996 in Texas I didnt think the parking lot of a business was considered to be " of the premises." I thought this applies to school parking lots as well. I work for GTE/Verizon and our handbook states no firearms on company property or in company vehicles. Is the parking lot even though owned by the company according to state law still part of the premises? This has not been challenged by a union grevience or in a court of law yet to my knowlege. Lucky for me my reporting station doesnt have a parking lot so we park on the public street.
I guess my question is where do you draw the line between company policy and state law?
 
Let me throw something else into the mix . I believe that courts have ruled that trash is considered public property . This aids the police in investigations by enableling them to sift through garbage . Even though the trash may still be on property controlled by the person discarding it . The edge of youe sidewalk is city property but you are required to maintain it . This at the very least joint tenancy .
So unless the company makes the effort to guarantee the safety and condition of your vehicle it in itself is still private property . As if you parked in a public parking lot downtown . They claim no responsability for damage but courts have ruled otherwise . The word BAILMENT is the key to it all .
The bottom line is that you sign the paper or you don't get the job . It is better to sign but refuse to allow it when the time comes . They can only force you to leave and consider yourself terminated . Unless a warrant is issued the security cannot search your vehicle without court order . If they try to keep you against your will CALL A COP .
The only I can see them getting a court order is if they can show the probability that you have stolen something . You can demand that a LEO be there since a law has been alledgedly broken . As a matter of fact they MUST be there . I don't see a court order being issued for company infraction but no law being broken .
These are the type of things that make like minded people join forces and start small companies that serve the larger companies from other locations but with their own rules . I will write your program wherever I choose to be but it's none of your business if I wear " a pair of hog legs " in front of my computer .It's my home/office . They need not even know .
These companies are just worried about lawsuits anyway . If a guy gets mad and gets a gun from his car and starts shooting the victims families will sue for a dangereous workplace scenario . It's all about money . If you can work from home you are better off .

------------------
TOM
SASS AMERICAN LEGION NRA GOA
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by RAE:
paratrooper,
I'm wondering the same things my self. Just what's needed for law enforcement to make me open the empty locked trunk?[/quote]

Absolutely nothing gives the LEO the authority to make you open the trunk. He may believe he has a legal right to search it (and he may be correct), but he cannot compel _you_ to open it. He can simply open it over your objections. And frankly, I'd refuse; you never know when a supposedly legal search may be found later to be unjustified--and if you refused to open the trunk, they can't claim that you gave consent.
 
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