O'Connor V. Ortega (1987) Dr. Term Paper

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lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=480&invol=709)overrides a person's expectation of privacy.

As evidence, the Court pointed to the fact that Dr. Ortega did not share his office with any other employees and because there was no evidence the hospital had any policy discouraging employees from keeping personal items in their offices.

The majority ruled that getting a warrant to search the office would "...conflict with 'the common sense realization that government offices could not function if every employment decision became a constitutional matter.'" Connick v. Myers, 461 U.S. 138, 143 (1983). (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=480&invol=709)

The majority also determined that using "probable cause" to justify the search would have been an undue burden on public employees, saying that public employers are concerned about the work of the agency and not with the enforcement of law.

In the end, the Court opined that, public employer intrusions on the constitutionally protected privacy interests of government employees for noninvestigatory, work-related purposes.

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.. should be judged by the standard of reasonableness under all the circumstances. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=480&invol=709

The Court did not present a specific test to determine when the government's interest in the operation of the workplace outweighs an employee's expectation of privacy. It left it to the lower courts to determine the level of reasonableness and balance on a case-by-case basis. "...it cannot be determined whether the search of the respondent's office, and the seizure of his personal belongings, satisfied the standard of reasonableness. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=480&invol=709….....

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