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Can my manager at work pat me down or search my bag without consent?

Albuquerque, NM |

My boss has accused me of having a cell phone on me. My cell phone was already turned in to my employer at the beginning of my shift . My employer then stated for me to open my bag (which i did) then she started to pat me down looking for a phone that was not on my person as she was accusing me. I did not give any consent to a search me or my property.

Attorney Answers 2


  1. For a constitutional right such as protection against illegal search and seizures the government must have been involved. This was done by a private person so you have no constitutional claim. You might have a tort claim against your boss but it sounds like you consented to the pat down.

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  2. She can and she did. Either accept it or find a new job.

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