1. How can an employer protect itself from a claim of an unreasonable search conducted in the workplace? Note the court stated that a policy regarding this issue was not a determinative factor in determining the constitutionality of the search.
2. What could you do as an employee to protect yourself from a company search?

Issue: Whether the respondent, a public employee, had a reasonable expectation of privacy in his office, desk, and file cabinets at his place of work. Second, what is the appropriate Fourth Amendment standard for a search conducted by a public employer in areas in which a public employee is found to have a reasonable expectation of privacy?

Facts: Former chief of professional education at state hospital brought action against various state hospital officials, alleging that a search conducted by his employer violated his Fourth Amendment right against unreasonable search and seizure. The search was conducted while he was on an administrative leave due to his alleged misconduct. The search was made of his office, and file cabinets, and the findings were later used in administrative proceedings resulting in his discharge On cross motions for summary judgment, the United States District Court for the Northern District of California, John P. Vucasin, Jr., J., granted summary judgment against plaintiff, and he appealed. The Court of Appeals, affirmed in part and reversed and remanded with instructions in part, and officials petitioned for certiorari.

Decision: The Supreme Court held that: (1) public employers’ intrusions on constitutionally protected privacy interest of government employees for non-investigatory, work‑related purposes, as well as for investigations of work‑related misconduct, should be judged by standard of reasonableness under all the circumstances, and (2) whether public employer’s search of hospital supervisor’s office was reasonable, both in its inception and in its scope, presented factual question precluding summary judgment.