TDCAA Community
Privacy

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April 08, 2015, 16:57
ravella
Privacy
Does an evidence technician/property room technician have any reasonable expectation of privacy while in the property/evidence room? At this point, there are only three department personnel that have access to that room at any given time. Would the evidence tech have a valid argument of invasion of privacy if a camera was installed (without his knowledge), and he was disciplined/terminated upon uncovering any wrong doing on his part?
April 08, 2015, 19:06
Martin Peterson
Given the great variety of work environments in the public sector, the question whether an employee has a reasonable expectation of privacy must be addressed on a case-by-case basis.
Connor v. Ortega, 480 U.S. 709, 718, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987); see also City of Ontario, Cal. v. Quon, 560 U.S. 746 (2010)

A given set of acts can generate a lot of different opinions. See Villarreal v. State, 935 S.W.2d 134 (Tex. Crim. App., 1996)

This message has been edited. Last edited by: Martin Peterson,
April 09, 2015, 09:05
Jon English
This sure sounds like an employment law question and not a criminal law question. You should probably post this over in the civil section and see if there's more help there.