Another Legal Question.....

[bunny 166]

At work a bottle of good Tequila went missing from the time it was delivered to the time inventory was taken, about 20 mins....The corporate office was called, and someone came to the restaurant and they said they needed to search my car because they wanted to find out who stole it. They searched everyones car, actually....Of couse, I didn't steal it, but I felt like a criminal....They said to be fair, they had to search everyone's car so it didn't look like they were singling anyone out. They did not have any right to do this huh?

[Her454]

HOLY SHIT! Bunny, next time wait till right before closing to take the good stuff. :D

[harleypauls]

Did they find it? :D

[Mrs. Bordsmnj]

Seems like they had no right to search your car. :boxingguy
Did they find who stole it?

[djunkie]

At work a bottle of good Tequila went missing from the time it was delivered to the time inventory was taken, about 20 mins....The corporate office was called, and someone came to the restaurant and they said they needed to search my car because they wanted to find out who stole it. They searched everyones car, actually....Of couse, I didn't steal it, but I felt like a criminal....They said to be fair, they had to search everyone's car so it didn't look like they were singling anyone out. They did not have any right to do this huh?
Not sure if they can search your car but it sounds fair that they searched everyones. I had a similar experience at my old job. We had an employee that my boss thought may be on drugs. Well instead of singling him out he just sent everyone. Kinda covered his ass.

[Mrs. Restless22]

I think they would have the right, only because everyone that was in the restuarant would be considered a suspect.
I could be totally wrong, thats just my opinion :hammerhea :wink:

[bunny 166]

HOLY SHIT! Bunny, next time wait till right before closing to take the good stuff. :D
LOL....Traci, when the Goose goes missing, come find me... :D

[bunny 166]

Did they find it? :D
No, but I think the prime suspect had already left for the day....He has not returned.... :hammerhea

[bunny 166]

Seems like they had no right to search your car. :boxingguy
Did they find who stole it?
I thought even a policeman couldn't do that....I think they know who did it, but just wanted to go through the motions...I felt sick thinking they thought I stole from them, but maybe they knew who did it....

[redi4fun]

Bunny, I am being sent over from corporate to perform a strip search, be ready for the lineup. :wink: :D

[bunny 166]

Not sure if they can search your car but it sounds fair that they searched everyones. I had a similar experience at my old job. We had an employee that my boss thought may be on drugs. Well instead of singling him out he just sent everyone. Kinda covered his ass.
I guess that's what they were doing.....I hope so!

[riverroyal]

bunny if you need drink let me know,dont steal,i will have one with you :coffeycup

[Unforgiven]

was it a bottle of Patron???? I didn't take it :rolleyes: :smile:

[bunny 166]

I think they would have the right, only because everyone that was in the restuarant would be considered a suspect.
I could be totally wrong, thats just my opinion :hammerhea :wink:
Who knows!! That's a very pretty baby you have there Shawna!! Congrats to you and your family!! :D

[Mrs. Restless22]

Who knows!! That's a very pretty baby you have there Shawna!! Congrats to you and your family!! :D
Thanks hunny bunny! :wink:

[bunny 166]

Bunny, I am being sent over from corporate to perform a strip search, be ready for the lineup. :wink: :D
LOL.... :)

[OutCole'd]

They might of already had an idea of who did it, but to only search that person's car might lead to a lawsuit from that one person( depending on race, sex or whatever now a days), so to cover their asses, they search everyone's car and find it in the one they new it would be in.
Just a thought.

[Jetboatguru]

Where is the Law firm of Jones Jones and Jones when you need them

[bunny 166]

bunny if you need drink let me know,dont steal,i will have one with you :coffeycup
Thanks RR....on the lake one of these days for sure!!! Goose and club soda please, with a lemon... :D

[redi4fun]

In all seriousness though, I do not think they had the right to search your car unless you consented.
I mean what is next, your house and your person. :idea:
It was only a bottle of liquor, come on..... :smile:

[bunny 166]

was it a bottle of Patron???? I didn't take it :rolleyes: :smile:
Sure you didn't Eddie.... :hammer2:

[riverroyal]

when i buy the goose,,,i will just tell my wife its for this bunny i know,im sure that will go over well

[rrrr]

Where is the Law firm of Jones Jones and Jones when you need them
Don't get that sheeit started again..... :hammerhea :hammerhea :argue: :argue:
:D

[Her454]

was it a bottle of Patron???? I didn't take it :rolleyes: :smile:
Eddie, thanks for that Fed Ex package I just got...but its leaking....... :D

[Deano]

search the bible thumper....I think she did it :D :D

[Stoneman]

At work a bottle of good Tequila went missing from the time it was delivered to the time inventory was taken, about 20 mins....The corporate office was called, and someone came to the restaurant and they said they needed to search my car because they wanted to find out who stole it. They searched everyones car, actually....Of couse, I didn't steal it, but I felt like a criminal....They said to be fair, they had to search everyone's car so it didn't look like they were singling anyone out. They did not have any right to do this huh?
If you didn't take it, let them search just hope they don't find any sex toys.

[bunny 166]

They might of already had an idea of who did it, but to only search that person's car might lead to a lawsuit from that one person( depending on race, sex or whatever now a days), so to cover their asses, they search everyone's car and find it in the one they new it would be in.
Just a thought.
Makes sense to me and them, just don't know if it's legal.... :squiggle:

[bunny 166]

Where is the Law firm of Jones Jones and Jones when you need them
Don't know....you gonna help me Tony?? Open up a can of woop-azz... :devil:

[Unforgiven]

oh..I'm sure it's leaking....right into your shot glass......

[bunny 166]

In all seriousness though, I do not think they had the right to search your car unless you consented.
I mean what is next, your house and your person. :idea:
It was only a bottle of liquor, come on..... :smile:
If I say no, I look guilty....I didn't take it, but I felt like if I said no, they would think I did.... :notam:

[bunny 166]

when i buy the goose,,,i will just tell my wife its for this bunny i know,im sure that will go over well
LOL..... :D

[bunny 166]

Don't get that sheeit started again..... :hammerhea :hammerhea :argue: :argue:
:D
Oh no, I should have guessed.... :notam:

[bunny 166]

search the bible thumper....I think she did it :D :D
She wasn't there, Uncle Deano!! Be nice.... :boxingguy :D

[bunny 166]

If you didn't take it, let them search just hope they don't find any sex toys.
Hee hee....those are somewhere else.... :hammer2: :hammer2:

[MAINEVENT]

I am pretty sure you could've refused the search but knowing you did not take it you were better off letting them search in your car......as long as they respectd your car you should have no worries
That guy must have been thirsty to loose his job over a bottle of booze :rolleyes:

[topless]

I thought even a policeman couldn't do that....I think they know who did it, but just wanted to go through the motions...I felt sick thinking they thought I stole from them, but maybe they knew who did it....
Were you afraid they would find your sex toys? :crossx:

[Jbb]

Did you consider the cavity search enjoyable.....or intrusive....?... :wink:

[HOOTER SLED-]

Fired a guy recently for this. I personally found some of our product in his car. We had been having inventory problems and were cracking down. Good guy too. One of the original employees. Been here even longer than me. Dumb ass could of just asked me too if he needed something. In our company employee manual it states that the company has the right to search personal vehicles etc. on company property. I guess that covers some ass right there. Bunny, hook me up with some Patron for the Mrs. ;) :D

[my21advantage]

Fired a guy recently for this. I personally found some of our product in his car. We had been having inventory problems and were cracking down. Good guy too. One of the original employees. Been here even longer than me. Dumb ass could of just asked me too if he needed something. In our company employee manual it states that the company has the right to search personal vehicles etc. on company property. I guess that covers some ass right there. Bunny, hook me up with some Patron for the Mrs. ;) :D
They do not have the right to search your vehicle unless you give them CONSENT...even if it stated in the policy manual that still walking a fine line unless you signed something previously stating you acknowledge and agreed to all the terms in the manual.
Just my 2-cent.
When's the party?

[rrrr]

Oh no, I should have guessed.... :notam:
:confused:

[pixilatedpussy]

At work a bottle of good Tequila went missing from the time it was delivered to the time inventory was taken, about 20 mins....The corporate office was called, and someone came to the restaurant and they said they needed to search my car because they wanted to find out who stole it. They searched everyones car, actually....Of couse, I didn't steal it, but I felt like a criminal....They said to be fair, they had to search everyone's car so it didn't look like they were singling anyone out. They did not have any right to do this huh?
I think that is ridiculous! However, if you have nothing to hide ( & I know you dont) what is the big deal???? :confused:
Joe knows you better than that...I am sure he just did it as a front becuz he knows who really did it!

[pixilatedpussy]

Fired a guy recently for this. I personally found some of our product in his car. We had been having inventory problems and were cracking down. Good guy too. One of the original employees. Been here even longer than me. Dumb ass could of just asked me too if he needed something. In our company employee manual it states that the company has the right to search personal vehicles etc. on company property. I guess that covers some ass right there. Bunny, hook me up with some Patron for the Mrs. ;) :D
LMAO! :D

[Ziggy]

Only a blue labeled bottle of Don Julio would be worth the risk :wink:

[Kilrtoy]

OH NO BUNNY,
They just called me and have asked me to come in and do a professional search....
I hate to do this to you, But can you come over, I have to strip search you.....
Im not going to enjoy this BUT IT MUST BE DONE.....

[topless]

OH NO BUNNY,
They just called me and have asked me to come in and do a professional search....
I hate to do this to you, But can you come over, I have to strip search you.....
Im not going to enjoy this BUT IT MUST BE DONE.....You really need to. You never know where she hid that tequila. :p

[mickeyfinn]

Your employer NEVER has the right to search your vehicle unless you have some kind of special contract that specifically gives them the right. The police can't search your vehicle without probable cause unless they have your consent. If they don't have your consent then they must obtain a search warrant. Your employer may NEVER search your car without your consent. They may call the police and report the crime and if in the police officers opinion they believe they have probable cause they may elect to search your car, even then they most likely will at least go through the motions of obtaining a search warrant. If you like your job and you didn't mind it is one thing. If you just wanted to be a pain in their ass or if you just want to emphasize that you won't give up your rights as an individual you could have told them to phuch off!!!

[my21advantage]

OH NO BUNNY,
They just called me and have asked me to come in and do a professional search....
I hate to do this to you, But can you come over, I have to strip search you.....
Im not going to enjoy this BUT IT MUST BE DONE.....
Don't hurt yourself....

[Boatcop]

If the vehicle is parked on the property of the business, and there is a policy or notice that any vehicles/personal storage (lockers) etc. on that property may be searched, then YES they have the right to search.
By voluntarily parking on their property, you have given implied consent for them to seach your vehicle.
Parking somewhere else is the only way to revoke that consent.

[HOOTER SLED-]

They do not have the right to search your vehicle unless you give them CONSENT...even if it stated in the policy manual that still walking a fine line unless you signed something previously stating you acknowledge and agreed to all the terms in the manual.
Just my 2-cent.
When's the party?
Yup, all employees sign off and agree to comply. That's what I was getting at.
Get together maybe Oct. 1 for the fights. :boxingguy :boxingguy :boxingguy Stay tuned for details.

[chub]

If the vehicle is parked on the property of the business, and there is a policy or notice that any vehicles/personal storage (lockers) etc. on that property may be searched, then YES they have the right to search.
By voluntarily parking on their property, you have given implied consent for them to seach your vehicle.
Parking somewhere else is the only way to revoke that consent.
If I drove off the property would that take away the "implied consent?"
I hate employers pushing there wait around. Hell yeah Union Yes.
No I don't steal shiat from the company or puff the weed. I just don't like the way employers are going. Corporate America wants to keep you in check but I think we need to keep Corporate America in check. When was the last time you had the opportunity to rob millions from your company? Bottle of booze give me a break.

[C-2]

This is an interesting question so I thought I would snoop around a little...
Unless you signed an employment contract permitting them to search your vehicle; or there are signs posted in the parking lot advising you that any vehicles parked there are subject to search – then the answer is no, they didn’t have a legal right to search your car.
We all enjoy certain expectations of privacy under the Fourth Amendment. Your car is your own personal property, similar to your house. I’m assuming your car is not under your employer’s control, nor is it used in the normal course of business. Courts have ruled employers cannot search other items of personal property such as sealed luggage or briefcases, unless they are the property/assets of the employers. Interestingly there is no case law on private employee vehicle searches. It’s out there for public employees, but not private.
Could you have gotten fired for refusing to allow a search – probably, but that wouldn’t make it legal. Even if your employment is an “at-will” agreement (meaning no specific employment contract), Cali has an exception to at-will terminations if they are found to be in retaliation for the action of the employee. In that case, it’s a violation of Public Policy (under wrongful termination), which is a valid and recognized claim in Cali.
Even if you were the suspect and refused to allow a search – the key argument would be the difference between reasonable suspicion and probable cause as to whether or not the employer, or even police, could search the vehicle.

[voodoomedman]

Eddie, thanks for that Fed Ex package I just got...but its leaking....... :D
That's because it was sent FedEx. Next time send it UPS even if it is fictitious. Support ***boat members.

[Silver]

Bunny.............Where do u work????????????

[Boat N Babes]

Best that you go ahead and consent...
If police were called, they would not have to get a warrant under such circumstances, becasue exigent circumstances would give them the right to search any of the vehicles, due to the fact that evidence can be destroyed prior to getting a search warrant.
So i think you did the right thing.............
I think the company did the right thing, by searching all of the vehicles...even if they already had an idea of who did it...
Besides, What happened to Company Loyalty, if i didnt steal it, I would give consent without hesitation......
Besides that, I would want them to catch the FOOLS!!
I dont want to work with anybody who steals, next thing you know, they will be stealing from you, while your actually working.........
Just my opinion.

[Kilrtoy]

Best that you go ahead and consent...
If police were called, they would not have to get a warrant under such circumstances, becasue exigent circumstances would give them the right to search any of the vehicles, due to the fact that evidence can be destroyed prior to getting a search warrant.
So i think you did the right thing.............
I think the company did the right thing, by searching all of the vehicles...even if they already had an idea of who did it...
Besides, What happened to Company Loyalty, if i didnt steal it, I would give consent without hesitation......
Besides that, I would want them to catch the FOOLS!!
I dont want to work with anybody who steals, next thing you know, they will be stealing from you, while your actually working.........
Just my opinion.
You better go back to search and seizure 101, You are so far off, you are playing baseball with a football bat

[Boat N Babes]

Trust me, good cop would find a way............................
I used to.................
consent law was easy to play with, its just a matter of how you say things,

[Boatcop]

We all enjoy certain expectations of privacy under the Fourth Amendment.
The Constitution and Bill of Rights protects us from GOVERNMENT intrusion.
Those protections do not apply to employers or others in the private sector, unless they are acting on behalf or as an agent of the Government.

[WaterBox]

Best that you go ahead and consent...
If police were called, they would not have to get a warrant under such circumstances, becasue exigent circumstances would give them the right to search any of the vehicles, due to the fact that evidence can be destroyed prior to getting a search warrant.
So i think you did the right thing.............
I think the company did the right thing, by searching all of the vehicles...even if they already had an idea of who did it...
Besides, What happened to Company Loyalty, if i didnt steal it, I would give consent without hesitation......
Besides that, I would want them to catch the FOOLS!!
I dont want to work with anybody who steals, next thing you know, they will be stealing from you, while your actually working.........
Just my opinion.
Question?? If the company had a idea who did it, And they searched there car first and found it, Would they search the rest of the cars to keep it fair? Or would they save it and search it last?? :rollside: :confused:

[speedneeder]

The fourth amendment which protects against unreasonable searches and seizures applies to government agents and not to private employers. In general, employees in the private sector can be fired for refusing to consent to a legitimate search. However, that doesnt mean private employers have free rein to search their staff. To ensure a search survives legal scrutiny, the following should be in place.
1. A legitimate, work-related reason for the search (e.g., weapons, drugs, theft)
2. A company policy that informs employees that the company reserves the right to conduct searches.

[BRSTQUEST]

I was wondering how long it would take before someone recognized the fact that the 4th amendment was to protect us against government searches. This protection is to keep the government or its agents from unlawfully searching our person or private property. This is a very interesting question though. A company can search any item it owns under the control of an employee, ie a locker, tool box, company car......But this situation is a privately owned vehicle.....If on property owned by the company the property must clearly state all vehicles entering are subject to search.....Also having someone sign off on policy or manuels helps but is not full proof.....It boils down to this....If an employeer asks to search and a valid reason to search and you refuse, they reserve the right to fire you.......and if you haven't stolen from your employeer who cares if they search.....people need to stop taking other peoples chit

[C-2]

I stand corrected on the Fourth - it applies only to government employees.
However, California enacted their own privacy act, which addressed issues not covered under the Fourth. Californian's, like many other states, enjoy an expectation of privacy which also extends to the workplace. Trying to see if if it specifically identifies employer searches. Most expectations of privacy are adminstered thru state Constitutions.
Even if ity's in an employment contract - doesn't mean it's legal. Employment contracts are constantly litigated.
I too am fascinated by this question.

[BRSTQUEST]

Alot of employee manuels or handbooks can be challenged on the reasonable person standard.....Yes we volentarilly(sp) sign these things and are not arm twisted to become employees but there is a limit to what we can sign away...Once we are offered a job we have some reasonable expectation that our person or our property will remain just that, ours.....An employeer puts itself in a tight spot if it asks people to search vehicles and someone refuses and is then fired for this refusal.....This whole situation could cause the employeer and employee alot of time in court........Lawyers suck!!!!!!!

[speedneeder]

My previous post came straight out of the Manager's Legal Bulletin published by Alexander Hamilton institute.

[BRSTQUEST]

That test is true when it relates to most cases....Like going into a desk, locker, company car, or something else used in the course and scope of business.....This questions is about a persons own car not used for business purposes being searched.....You can refuse the search, you can be fired, and you can file suit......It gets back to the scope of the search, the scope of the items to be searched, the items connection to the reason for the search, and a reasonable person standard.....

[C-2]

I also retract my previous opinion it wasn’t legal – since it appears to me now there is no answer to bunny’s original question.
If an employee is given notice they might be subject to search - they lose their expectation of privacy. I would think the application of the search would be open to interpretation on many levels, which is why there is no answer.
Employees rights laws are still evolving due in large part to the use of email, wireless phones, surveillance equipment and other new high-tech gadgetry used by employers, which was not even around when many of the current laws were written.
Apparently more employees are challenging their employers ability to spy on them, so it will be interesting to see how the cases are ruled upon in the future.
I'm sure she could find any number of lawyers who would say it was illegal, just give me a retainer and I'll prove it...NOT!

[Kilrtoy]

Trust me, good cop would find a way............................
I used to.................
consent law was easy to play with, its just a matter of how you say things,
Im pretty sure there is not a judge in the land that would a search warrant for a bottle of tequila on a petty theft from a BAR

[Kilrtoy]

At work a bottle of good Tequila went missing from the time it was delivered to the time inventory was taken, about 20 mins...
This sentence is key to everything, there is no factual proof that the item in question was EVER RECEIVED.....

[BRSTQUEST]

I've rethought my posts on this......Phukit....its tokillya....who cares if it was stolen.....now if it was single barrel the bastards should be shot!!!!!!

[MR HARLEY]

The gaul of them to question a angel such as yourself .... ;) Like you stole it anyway ....If you worked for my company , You would be the last person I would suspect . :D
And No companies have the right to search your vehicle .

[bunny 166]

This sentence is key to everything, there is no factual proof that the item in question was EVER RECEIVED.....
Oh my gosh you guys....lovin' the talk. I cannot answer everyone's posts but, I appreciate the support. I felt like I was between a rock and a hard place....refuse and look guilty, or consent and feel like shit....Of course I said go ahead and look because I didn't take it....I'm quoting Kilr because it was received by the manager. The delivery was made, and boxes checked and received, then when the liquor was taken from the back of the restaurant to the bar, a bottle was missing. I guess they decided to check everyone, but they know who really took it, ya' know what I mean?? Just felt like a criminal...The boxes were in the back of the kitchen near the exit where the delivery trucks pull up. We receive all our food deliveries and liquor there....We also all park our cars in the back, so it was easy for this person to take a bottle and put it in their car....I hated that I was accused at all, but I love my job and the people there....they never said "We think you did it", they said "Someone did it and we're trying to find ou who it was"..... It sucked...

[Kilrtoy]

BUNNY , you missed that scheduled STRIP SEARCH I had arranged for...
I think you are trying to hide something... :supp:

[76ANTHONY]

oh thats why your not bustin my balls swb, haha dialup

[76ANTHONY]

have fun and thats ok she defends herself very well...hahaha :D