Legal Question in Civil Rights Law in New Mexico

Invasion of privacy

Is it legal to search you desk without you being present?

I work for the Corrections Department and my desk was searched during the graveyard shift. I didn't have anything in there but I feel that this was an illegal search and/or an ivasion of privacy.

Asked on 6/12/02, 10:42 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Invasion of privacy

You have no expectation of privacy in your employment situation regarding your desk. It is provided by your employer who has a vital interest in seeing that there is nothing improper in it, such as illegal drugs, etc. While the action is distressing, it is within the law in the higher interest of the institution maintaining security.

The lesson is to not keep anything in your desk you don't want others to see.

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Answered on 6/13/02, 8:19 am

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