ortega
argued
october
decided
march
respondent
physician
psychiatrist
employee
state
hospital
primary
responsibility
training
physicians
psychiatric
residency
program
hospital
officials
became
concerned
possible
improprieties
management
program
particularly
respect
acquisition
computer
charges
concerning
sexual
harassment
female
hospital
employees
inappropriate
disciplinary
action
resident
administrative
leave
pending
investigation
charges
hospital
officials
allegedly
order
inventory
secure
state
property
searched
office
seized
personal
items
desk
file
cabinets
used
administrative
proceedings
resulting
discharge
formal
inventory
property
office
ever
made
papers
office
merely
placed
boxes
storage
respondent
filed
action
petitioner
hospital
officials
federal
district
alleging
search
office
violated
fourth
amendment
summary
judgment
district
granted
judgment
petitioners
concluding
search
proper
need
secure
state
property
office
affirming
part
reversing
part
remanding
case
appeals
concluded
respondent
reasonable
expectation
privacy
office
search
violated
fourth
amendment
held
record
justified
grant
partial
summary
judgment
respondent
issue
liability
search
remanded
case
district
determination
damages
held
judgment
reversed
case
remanded
reversed
remanded
justice
joined
chief
justice
justice
white
justice
powell
concluded
searches
seizures
government
employers
supervisors
private
property
employees
subject
fourth
amendment
restraints
expectation
privacy
one
place
work
based
upon
societal
expectations
deep
roots
history
amendment
however
operational
realities
workplace
may
make
public
employees
expectations
privacy
unreasonable
intrusion
supervisor
rather
law
enforcement
official
government
offices
may
open
fellow
employees
public
expectation
privacy
reasonable
given
great
variety
work
environments
public
sector
question
whether
employee
reasonable
expectation
privacy
must
addressed
basis
record
reveal
extent
hospital
officials
may
reasons
enter
respondent
office
appeals
remanded
matter
district
determination
however
majority
agrees
determination
appeals
respondent
reasonable
expectation
privacy
office
regardless
expectation
privacy
office
undisputed
evidence
supports
conclusion
respondent
reasonable
expectation
privacy
least
desk
file
cabinets
pp
determining
appropriate
standard
search
conducted
public
employer
areas
employee
reasonable
expectation
privacy
reasonable
search
depends
context
within
search
takes
place
requires
balancing
employee
legitimate
expectation
privacy
government
need
supervision
control
efficient
operation
workplace
requiring
employer
obtain
warrant
whenever
employer
wishes
enter
employee
office
desk
file
cabinets
purpose
seriously
disrupt
routine
conduct
business
unreasonable
moreover
requiring
probable
cause
standard
searches
type
issue
impose
intolerable
burdens
public
employers
intrusions
constitutionally
protected
privacy
interests
government
employees
noninvestigatory
purposes
well
investigations
misconduct
judged
standard
reasonableness
circumstances
standard
inception
scope
intrusion
must
reasonable
pp
procedural
posture
case
determined
whether
search
respondent
office
seizure
personal
belongings
satisfied
standard
reasonableness
courts
error
summary
judgment
inappropriate
parties
dispute
actual
justification
search
record
inadequate
determination
reasonableness
search
seizure
remand
district
must
determine
matters
pp
justice
scalia
concluded
offices
government
employees
fortiori
drawers
files
within
offices
covered
fourth
amendment
protections
general
matter
special
circumstances
present
call
exception
ordinary
rule
however
government
searches
retrieve
materials
investigate
violations
workplace
rules
searches
sort
regarded
reasonable
normal
context
violate
fourth
amendment
conflicting
incomplete
evidence
present
case
conceivably
support
summary
judgment
search
validating
purpose
decision
must
reversed
remanded
pp
jeffrey
miller
argued
cause
petitioners
briefs
john
van
de
kamp
attorney
general
california
marvin
goldsmith
assistant
attorney
general
jeffrey
miller
teresa
tan
deputy
attorneys
general
joel
klein
invitation
argued
cause
filed
brief
amicus
curiae
support
judgment
magno
ortega
pro
se
filed
brief
respondent
solicitor
general
fried
assistant
attorney
general
willard
deputy
solicitor
general
geller
alan
horowitz
barbara
herwig
john
schnitker
filed
brief
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
american
civil
liberties
union
et
al
peter
morgan
jack
novik
burt
neuborne
michael
simpson
american
federation
state
county
municipal
employees
richard
kirschner
justice
announced
judgment
delivered
opinion
chief
justice
justice
white
justice
powell
join
suit
presents
two
issues
concerning
fourth
amendment
rights
public
employees
first
must
determine
whether
respondent
public
employee
reasonable
expectation
privacy
office
desk
file
cabinets
place
work
second
must
address
appropriate
fourth
amendment
standard
search
conducted
public
employer
areas
public
employee
found
reasonable
expectation
privacy
magno
ortega
physician
psychiatrist
held
position
chief
professional
education
napa
state
hospital
hospital
years
dismissal
position
chief
professional
education
ortega
primary
responsibility
training
young
physicians
psychiatric
residency
programs
july
hospital
officials
including
dennis
executive
director
hospital
became
concerned
possible
improprieties
ortega
management
residency
program
particular
hospital
officials
concerned
ortega
acquisition
apple
ii
computer
use
residency
program
officials
thought
ortega
may
misled
believing
computer
donated
fact
computer
financed
possibly
coerced
contributions
residents
additionally
hospital
officials
concerned
charges
ortega
sexually
harassed
two
female
hospital
employees
taken
inappropriate
disciplinary
action
resident
july
requested
ortega
take
paid
administrative
leave
investigation
charges
ortega
request
agreed
allow
ortega
take
two
weeks
vacation
instead
administrative
leave
ortega
however
requested
stay
hospital
grounds
duration
investigation
august
informed
ortega
investigation
yet
completed
placed
paid
administrative
leave
ortega
remained
administrative
leave
hospital
terminated
employment
september
selected
several
hospital
personnel
conduct
investigation
including
accountant
physician
hospital
security
officer
richard
friday
hospital
administrator
led
investigative
team
point
investigation
friday
made
decision
enter
ortega
office
specific
reason
entry
ortega
office
unclear
record
petitioners
claim
search
conducted
secure
state
property
initially
petitioners
contended
search
pursuant
hospital
policy
conducting
routine
inventory
state
property
office
terminated
employee
time
search
however
hospital
yet
terminated
ortega
employment
ortega
still
administrative
leave
apparently
policy
inventorying
offices
administrative
leave
search
initiated
however
petitioners
become
aware
ortega
taken
computer
home
ortega
contends
purpose
search
secure
evidence
use
administrative
disciplinary
proceedings
resulting
search
ortega
office
quite
thorough
investigators
entered
office
number
times
seized
several
items
ortega
desk
file
cabinets
including
valentine
day
card
photograph
book
poetry
sent
ortega
former
resident
physician
items
later
used
proceeding
hearing
officer
california
state
personnel
board
impeach
credibility
former
resident
testified
ortega
behalf
investigators
also
seized
billing
documentation
one
ortega
private
patients
california
medicaid
program
investigators
otherwise
separate
ortega
property
state
property
one
investigator
testified
rying
sort
state
much
gave
boxed
app
thus
formal
inventory
property
office
ever
made
instead
papers
ortega
office
merely
placed
boxes
put
storage
ortega
retrieve
ortega
commenced
action
petitioners
federal
district
alleging
search
office
violated
fourth
amendment
summary
judgment
district
granted
petitioners
motion
summary
judgment
district
relying
chenkin
bellevue
hospital
center
new
york
city
health
hospitals
supp
sdny
concluded
search
proper
need
secure
state
property
office
appeals
ninth
circuit
affirmed
part
reversed
part
concluding
ortega
reasonable
expectation
privacy
office
hospital
procedure
office
inventories
inventories
reserved
employees
departing
terminated
appeals
also
concluded
albeit
without
explanation
search
violated
fourth
amendment
appeals
held
record
justified
grant
partial
summary
judgment
ortega
issue
liability
unlawful
search
remanded
case
district
determination
damages
granted
certiorari
reverse
remand
ii
strictures
fourth
amendment
applied
fourteenth
amendment
applied
conduct
governmental
officials
various
civil
activities
new
jersey
thus
held
past
fourth
amendment
governs
conduct
school
officials
see
building
inspectors
see
camara
municipal
occupational
safety
health
act
inspectors
see
marshall
barlow
observed
ecause
individual
interest
privacy
personal
security
suffers
whether
government
motivation
investigate
violations
criminal
laws
breaches
statutory
regulatory
standards
anomalous
say
individual
private
property
fully
protected
fourth
amendment
individual
suspected
criminal
behavior
quoting
marshall
barlow
supra
camara
municipal
supra
searches
seizures
government
employers
supervisors
private
property
employees
therefore
subject
restraints
fourth
amendment
fourth
amendment
protects
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
cases
establish
ortega
fourth
amendment
rights
implicated
conduct
hospital
officials
issue
case
infringed
expectation
privacy
society
prepared
consider
reasonable
jacobsen
talisman
determines
cases
privacy
expectations
society
prepared
accept
reasonable
instead
given
weight
factors
intention
framers
fourth
amendment
uses
individual
put
location
societal
understanding
certain
areas
deserve
scrupulous
protection
government
invasion
oliver
citations
omitted
reasonableness
expectation
privacy
well
appropriate
standard
search
understood
differ
according
context
essential
first
delineate
boundaries
workplace
context
workplace
includes
areas
items
related
work
generally
within
employer
control
hospital
example
hallways
cafeteria
offices
desks
file
cabinets
among
areas
part
workplace
areas
remain
part
workplace
context
even
employee
placed
personal
items
photograph
placed
desk
letter
posted
employee
bulletin
board
everything
passes
confines
business
address
considered
part
workplace
context
however
employee
may
bring
closed
luggage
office
prior
leaving
trip
handbag
briefcase
workday
whatever
expectation
privacy
employee
existence
outward
appearance
luggage
affected
presence
workplace
employee
expectation
privacy
contents
luggage
affected
way
appropriate
standard
workplace
search
necessarily
apply
piece
closed
personal
luggage
handbag
briefcase
happens
within
employer
business
address
within
workplace
context
recognized
employees
may
reasonable
expectation
privacy
intrusions
police
see
mancusi
deforte
expectation
privacy
one
home
expectation
one
place
work
based
upon
societal
expectations
deep
roots
history
amendment
oliver
supra
thus
mancusi
deforte
supra
held
union
employee
shared
office
union
employees
privacy
interest
office
sufficient
challenge
successfully
warrantless
search
office
long
settled
one
standing
object
search
office
well
home
seems
clear
deforte
occupied
private
office
union
headquarters
union
records
seized
desk
filing
cabinet
office
standing
private
office
deforte
entitled
expect
disturbed
except
personal
business
invitees
records
taken
except
permission
union
superiors
appeals
concluded
ortega
reasonable
expectation
privacy
office
five
members
agree
determination
see
post
scalia
concurring
judgment
post
blackmun
joined
brennan
marshall
stevens
dissenting
record
reveal
extent
hospital
officials
may
reasons
enter
ortega
office
think
appeals
remanded
matter
district
determination
regardless
legitimate
right
access
hospital
staff
may
office
recognize
undisputed
evidence
suggests
ortega
reasonable
expectation
privacy
desk
file
cabinets
undisputed
evidence
discloses
ortega
share
desk
file
cabinets
employees
ortega
occupied
office
years
kept
materials
office
included
personal
correspondence
medical
files
correspondence
private
patients
unconnected
hospital
personal
financial
records
teaching
aids
notes
personal
gifts
mementos
app
files
physicians
residency
training
kept
outside
ortega
office
indeed
items
found
investigators
apparently
personal
items
exception
items
seized
use
administrative
hearings
papers
effects
found
office
simply
placed
boxes
made
available
ortega
finally
note
evidence
hospital
established
reasonable
regulation
policy
discouraging
employees
ortega
storing
personal
papers
effects
desks
file
cabinets
although
absence
policy
create
expectation
privacy
otherwise
exist
basis
undisputed
evidence
accept
conclusion
appeals
ortega
reasonable
expectation
privacy
least
desk
file
cabinets
see
gillard
schmidt
speights
blok
app
iii
determined
ortega
reasonable
expectation
privacy
office
appeals
simply
concluded
without
discussion
search
reasonable
search
fourth
amendment
stated
hold
fourth
amendment
applies
searches
conducted
public
employers
begin
inquiry
standards
governing
searches
hat
reasonable
depends
context
within
search
takes
place
new
jersey
thus
must
determine
appropriate
standard
reasonableness
applicable
search
determination
standard
reasonableness
applicable
particular
class
searches
requires
balanc
ing
nature
quality
intrusion
individual
fourth
amendment
interests
importance
governmental
interests
alleged
justify
intrusion
place
camara
municipal
case
searches
conducted
public
employer
must
balance
invasion
employees
legitimate
expectations
privacy
government
need
supervision
control
efficient
operation
workplace
settled
except
certain
carefully
defined
classes
cases
search
private
property
without
proper
consent
unreasonable
unless
authorized
valid
search
warrant
mancusi
deforte
quoting
camara
municipal
supra
circumstances
however
recognized
warrant
requirement
unsuitable
particular
warrant
requirement
appropriate
burden
obtaining
warrant
likely
frustrate
governmental
purpose
behind
search
camara
municipal
supra
justice
blackmun
stated
nly
exceptional
circumstances
special
needs
beyond
normal
need
law
enforcement
make
warrant
requirement
impracticable
concurring
judgment
marshall
barlow
example
explored
burdens
warrant
requirement
impose
occupational
safety
health
act
regulatory
scheme
held
warrant
requirement
appropriate
concluding
warrants
impose
serious
burdens
inspection
system
courts
prevent
inspections
necessary
enforce
statute
make
less
effective
new
jersey
supra
concluded
warrant
requirement
suitable
school
environment
requirement
unduly
interfere
maintenance
swift
informal
disciplinary
procedures
needed
schools
legitimate
privacy
interests
public
employees
private
objects
bring
workplace
may
substantial
privacy
interests
however
must
balanced
realities
workplace
strongly
suggest
warrant
requirement
unworkable
police
even
administrative
enforcement
personnel
conduct
searches
primary
purpose
obtaining
evidence
use
criminal
enforcement
proceedings
employers
frequently
need
enter
offices
desks
employees
legitimate
reasons
wholly
unrelated
illegal
conduct
employers
supervisors
focused
primarily
need
complete
government
agency
work
prompt
efficient
manner
employer
may
need
correspondence
file
report
available
employee
office
employee
away
office
alleged
case
employers
may
need
safeguard
identify
state
property
records
office
connection
pending
investigation
suspected
employee
misfeasance
view
requiring
employer
obtain
warrant
whenever
employer
wished
enter
employee
office
desk
file
cabinets
purpose
seriously
disrupt
routine
conduct
business
unduly
burdensome
imposing
unwieldy
warrant
procedures
cases
upon
supervisors
otherwise
reason
familiar
procedures
simply
unreasonable
contrast
circumstances
required
warrants
supervisors
offices
hospital
hardly
business
investigating
violation
criminal
laws
rather
searches
merely
incident
primary
business
agency
circumstances
imposition
warrant
requirement
conflict
realization
government
offices
function
every
employment
decision
became
constitutional
matter
connick
myers
whether
probable
cause
inappropriate
standard
public
employer
searches
employees
offices
presents
difficult
issue
part
required
search
based
upon
probable
cause
noted
new
jersey
fundamental
command
fourth
amendment
searches
seizures
reasonable
although
concept
probable
cause
requirement
warrant
bear
reasonableness
search
certain
limited
circumstances
neither
required
quoting
powell
concurring
thus
careful
balancing
governmental
private
interests
suggests
public
interest
best
served
fourth
amendment
standard
reasonableness
stops
short
probable
cause
hesitated
adopt
standard
concluded
example
appropriate
standard
administrative
searches
probable
cause
traditional
meaning
instead
administrative
warrant
obtained
showing
reasonable
legislative
administrative
standards
conducting
inspection
satisfied
see
marshall
barlow
camara
municipal
initial
matter
important
recognize
plethora
contexts
employers
occasion
intrude
extent
employee
expectation
privacy
parties
case
alleged
search
either
noninvestigatory
intrusion
investigatory
search
evidence
suspected
employee
misfeasance
undertake
determine
appropriate
fourth
amendment
standard
reasonableness
two
types
employer
intrusions
leave
another
day
inquiry
circumstances
governmental
interest
justifying
intrusions
public
employers
efficient
proper
operation
workplace
government
agencies
provide
myriad
services
public
work
agencies
suffer
employers
required
probable
cause
entered
employee
desk
purpose
finding
file
piece
office
correspondence
indeed
difficult
give
concept
probable
cause
rooted
criminal
investigatory
context
much
meaning
purpose
search
retrieve
file
reasons
similarly
concept
probable
cause
little
meaning
routine
inventory
conducted
public
employers
purpose
securing
state
property
see
colorado
bertine
illinois
lafayette
ensure
efficient
proper
operation
agency
therefore
public
employers
must
given
wide
latitude
enter
employee
offices
noninvestigatory
reasons
come
similar
conclusion
searches
conducted
pursuant
investigation
employee
misconduct
even
employers
conduct
investigation
interest
substantially
different
normal
need
law
enforcement
new
jersey
supra
blackmun
concurring
judgment
public
employers
interest
ensuring
agencies
operate
effective
efficient
manner
work
agencies
inevitably
suffers
inefficiency
incompetence
mismanagement
misfeasance
employees
indeed
many
cases
public
employees
entrusted
tremendous
responsibility
consequences
misconduct
incompetence
agency
public
interest
severe
contrast
law
enforcement
officials
therefore
public
employers
enforcers
criminal
law
instead
public
employers
direct
overriding
interest
ensuring
work
agency
conducted
proper
efficient
manner
view
therefore
probable
cause
requirement
searches
type
issue
impose
intolerable
burdens
public
employers
delay
correcting
employee
misconduct
caused
need
probable
cause
rather
reasonable
suspicion
translated
tangible
often
irreparable
damage
agency
work
ultimately
public
interest
see
time
required
teacher
ask
questions
make
observations
necessary
turn
reasonable
grounds
probable
cause
time
teacher
students
diverted
essential
task
education
additionally
law
enforcement
officials
expected
schoo
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