If a search of a subordinate's person, locker, private vehicle, or residence is indicated, how would you accomplish each search? Discuss the general procedures you would follow as a supervisor

Question

What will be an ideal response?

Answer 1

The supervisor should proceed with the search with the utmost tact and discretion; whenever possible, it should be made with the employee's consent. Searches of his personal property without his consent are limited by the many rules of law that have evolved under the Fourth Amendment. These rules are applicable to administrative disciplinary proceedings, as well as criminal trials, and should be adhered to meticulously by the supervisor. If it is the employer's intent not to grant an employee a reasonable expectation of privacy in such assigned property, that intent should be clearly indicated by practice or in a policy statement. Therefore, the supervisor should be fully aware of the search-and-seizure rules in his particular jurisdiction so that he may avoid the exclusion of evidence that has been seized in violation of the employee's reasonable expectation of privacy or other Fourth Amendment rights. The department's legal advisor or representative of the prosecutor's office may always be contacted for guidance and direction. Whenever practicable, searches should be made in private and a search of the vehicle or effects of the accused should be made in his/her presence.