Thursday, March 13th, 2008...12:19 pm
9th Cir: Employer’s Secret Video Surveillance of Locker Room
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A police detective secretly video-taped several officers’ locker room, investigating the theft of a flashlight. The Ninth Circuit now holds that the officers had both a subjective and objective reasonable expectation of privacy, and that no reasonable supervisor could have believed that the search was constitutional. The detective, thus, had no immunity to a damage claim for violation of the officers’ Fourth Amendment rights. The panel rejected the detective’s claim that he had conducted a “public employer” search, because 1) the search was part of a criminal, not an administrative invstigation; and 2) the search was broader than necessary.
Bernhard v. City of Ontario, 2008 WL _______ (9th Cir. Mar. 13, 2008)(unpub.)
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