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

Asked about 1 year ago - 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. Stephen D Aarons

    Contributor Level 16

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

    Please do not confuse the casual and impersonal exchange in this or any legal chat room with entering into an... more
  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . 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.

    Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me... more

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