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Unreasonable Searches When Going to Work? 786

Chico Science asks: "I'm a scientist, not a lawyer, so I'm a little beleaguered by the fact that since 2001-Sep-11, I have been forced to submit to searches on my campus as I enter buildings. I work at the National Institutes of Health in Bethesda, MD, and have been shouldering the burden of increasingly draconian security measures. Most recently, they've instituted a policy of 100% bag/package searches on entering buildings. Initially it didn't bother me, but after having my bag searched on my way to my car (which was also thoroughly inspected) after work, I decided I'm not comfortable subjecting myself to searches of my personal belongings at every turn. I want to know if I have a right to refuse searches? And why should it be considered acceptable for me to relinquish my Fourth Ammendment rights so I can go work on in my lab?" In this climate of increasing security consciousness, how far can vigilance go before it becomes an invasion of our rights?
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Unreasonable Searches When Going to Work?

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  • by haplo21112 ( 184264 ) <haplo@epithnaFREEBSD.com minus bsd> on Tuesday October 23, 2001 @12:56PM (#2466308) Homepage
    Check your contract, terms of employment, what have you...when you took the job, you may have agreed to such measures. Given your line of work, don't you feel a little more secure that things are being monitored after all. I do agree that the number and level of searches is a little extreme. however, I also feel that being checked in and out at the entrance is not a horrible thing.
  • Democracy at work (Score:3, Informative)

    by gentlewizard ( 300741 ) on Tuesday October 23, 2001 @12:58PM (#2466342)
    To paraphrase a line from the movie Crimson Tide:

    "We're here to sell things in a democracy, not to practice it."

    Manufacturing plants have always had searches like this. You'd be amazed what walks out of the plant in lunchboxes, etc. What is new is that we white collar workers are starting to be subject to the same rules that blue collar workers have had to put up with for decades.
  • by dschuetz ( 10924 ) <.gro.tensad. .ta. .divad.> on Tuesday October 23, 2001 @01:17PM (#2466540)
    Most recently, they've instituted a policy of 100% bag/package searches on entering buildings.

    I'm more concerned why they're not checking your bags when you exit the buildings!

    Truthfully, in the government world (especially in the Intelligence or Defense communities, but I can understand it happening in key health-related establishments like NIH, too), employees are subjected to more stringent security than in most private companies. Mostly, they're restricted to preventing guns going in or information going out.

    I wouldn't be surprised if, eventually, the 100% check got reduced to a 50% spot check or something. But the big question still remains -- "how far can vigilance go before it becomes an invasion of our rights?"

    I don't have an answer to that. In certain professions, you give up some 4th amendment rights (such as submitting to drug testing if you drive a train), in others, you give up certain rights of association (yes, they still ask you if you belong to the communist party when you get a clearance). I'd say it's a necessary balance between protecting the public (or nation) from risk, and protecting individual rights.

    Hopefully, eventually, one will calculate the overall risk to the organization to certain threats. Like, what's the chance of someone bringing in a grenade? What would they have to gain from that action? What's the potential damage? It's a RISK = THREAT * DAMAGE calculation. Then you structure your security program around those calculations, for each risk type.

    Eventually, they may determine that the risk associated with not having an in-bound bag check (that is, the sum of all risks that could be averted with such a check) may be at such a level that they can reduce the 100% bag check to a 100% badge check and 10% spot check on bags.

    All this is simple risk management theory, though...where, the question was asked, is the line between group and individual rights? I'd suggest that you could perform an "Annoyance" measurement -- multiply frequency of checks by time wasted in line waiting your turn and by embarrasment caused when they find the bottle of, say, viagra in your briefcase, and you get some arbitrary measurement of the "SEARCH COST" against employees. Better to include, also, things like a measure of the chance that employees will get sick of the searches and find a new job, or that productivity will drop due to reduced morale.

    The line, then, is when the ANNOYANCE level outweighs the RISK level. Something could be very annoying, like a 100% outbound bag check for departing toxins, but as long as the RISK is very high, it's reasonable. On the other hand, if someone decides to check for explosives in every package within every car upon entry to, say, a desert park where there are no humans for a hundred miles (and, thus, a low risk for harm), then your rights to privacy should win out.

    Or something like that. Of course, all the numbers used in such a calculus are totally arbitrary, so it'd also be important to make up-front "value judgements" to calibrate the system against "obvious" cases where a search is good, or where it'd be bad...

    You might try skimming FindLaw.com for stuff, I'm sure there's got to be some caselaw or opinions on this. It sort of relates to drug checks, sobriety checkpoints, and workplace monitoring, to some degree.

    If you find any very good resources, or get real advice from an attorney, be sure to post a follow-up story...

  • by BenEnglishAtHome ( 449670 ) on Tuesday October 23, 2001 @01:29PM (#2466639)

    ...and I've been subject to search for years. Lately, for understandable reasons, things have gotten ridiculous. Our guards won't even let you go thru the metal detector with your hands in your pockets. What can you do about this rampant over-reaction? I dunno. I'm searching for answers, too. But I do know that there are a few things to keep in mind.

    1. 18 USC 930 defines a weapon and what is prohibited from being brought into a federal building. Don't bother reading it. It's being (illegally) ignored these days and has been replaced by the whim of the contract security guard service, the Federal Protective Service (FPS), or whoever guards your front door.

    2. Vehicle searches are the same deal as personal searches. As soon as you get on govt property (the parking lot), you're subject to search. Someone like me who frequently has a rifle or two rattling around in the trunk has to remember when they can go into the parking garage and when then need to park across the street. If you don't like having your car searched, find parking somewhere off govt property.

    3. Talking to your Union can help, depending on the Union and the attitudes of the FPS execs in your location. In some cases they can get local management to encourage the guards to lighten up. In other cases (such as mine, unfortunately), the FPS execs seem to get a personal thrill out of telling the agency executives to piss off. At the very least, try to get your Union to negotiate with management an agreement that people will not be disciplined for arriving late to work when the searches get really bad. Such an agreement (or at least the willingness of the Union to bring it up) will help management understand that there's a real price in lost productivity to be paid by going along with excessive searches.

    Personally, my biggest worries aren't at work but at the hastily erected "security check points" some businesses are putting up. They aren't doing pat-downs, but some are installing metal detectors. I'm not looking forward to the first time I get trapped and have to go thru the magnetometer at some company office or other public place that lacks the state-mandated signage necessary to prohibit carrying a concealed firearm. I'll be perfectly legal to be armed but the guards will go ape-shit, anyway. Sigh.

  • Searches and my dad (Score:2, Informative)

    by The Diver ( 310313 ) on Tuesday October 23, 2001 @01:29PM (#2466644)
    My dad, a retired defense contractor, fixed this problem over 30 years ago. His searches were on the way out of the company, not on the way in. He took his lunch in brown paper bag. He never carried a briefcase. He never took work home and only a few times, that I remember, did he work overtime. During the Gulf War, I worked for the Federal government and we had searches. I learned from my dad and to this day, I do not carry any thing to or from work. Other than a brown paper bag. I have never been searched.
  • Sticky Question (Score:2, Informative)

    by Mouse ( 1273 ) on Tuesday October 23, 2001 @01:36PM (#2466707)
    The short advice to give you is most definately discuss the issue of search when entering buildings with a lawyer. The best group to contact in this case is the ACLU -- they are best equiped to answer these questions and take action if you so desire.

    The long of your question is that the NIH is a special case employer since they are the federal government. The Bill of Rights does not apply to private individuals and organizations, but it does (obviously) apply to the federal government and its agents. This precendent was recently verified in the von Bulow(sp) case. Now, government agency operate in a merky space with which the ACLU has a great wealth of experience. They have lititgated a number of cases on this subject.

    These types of searches are completely legal at a private company provided that the right was enumerated in a policy document or employment contract. There is not a private company that I have ever encountered that didn't give itself the right search anything and everything they wanted. Think of it this way, if they listen to your phone calls, read your email, and search your desk, they can search your person so long at its on their property. Also, bear in mind, that it is perfectly legal to sign away your Constitutional rights in a relationship through a contract -- a perfect case in point is private elementary and high schools.

    I hope that helps. Good luck.
  • Re:Sticky Question (Score:1, Informative)

    by Anonymous Coward on Tuesday October 23, 2001 @01:39PM (#2466738)
    I actually asked this question to the ACLU several years ago. The ACLU said what other's have said: "You must play by the employer's rules. Period." I was surprised by the ACLU's response, but now I realize that the ACLU is much more reasonable than many of their screwy lawsuits would have us believe. Don't expect much sympathy from the ACLU on this one.
  • by Colz Grigor ( 126123 ) on Tuesday October 23, 2001 @01:47PM (#2466817) Homepage
    I'd like to use the right of your employer to have a mandatory drug testing policy as a parallel to this issue.

    As I was taught in my MBA Business Law class, private companies have the right to require drug tests if they choose, but governmental organizationas do not have the right to require drug testing.

    Because of this, I believe the person who asked this question, as a federal employee, has the right to refuse a search without being terminated as a direct result. Remember, they can always find another reason to remove you, so make sure you keep your nose clean in every other way.

    If the asker of this question worked for a private company, I would say the opposite.

    And remember, folks, surrendering to a search by a government representative without probable cause is a breach of the fourth amendment. Period. Even if you have nothing to hide. Times like these do not automatically allow for the universal interpretation of our constitution to change, but official interpretation of our constitution cannot change without someone fighting what they believe is a transgression of their rights. If you feel your rights are being ignored, take it up with a lawyer, not slashdot. Get the case escalated as high as possible to sustain your interpretation of the right. If the court disagrees with you, it's not because you're wrong, it's because times have changed. They'll probably change back some day.

    ::Colz Grigor

    --
  • Try this (Score:2, Informative)

    by natefanaro ( 304646 ) <natefanaro@gmail.com> on Tuesday October 23, 2001 @01:59PM (#2466973) Journal
    I would say that you could talk to the head of the department there. If he is not behind this, then find out who is and express your concerns (or gripes) about the amount of searches, and find out if it really nessicary. I am sure that you could find other people that are not keen to the searches to join you in filing a complaint.
  • by Number6.2 ( 71553 ) on Tuesday October 23, 2001 @02:36PM (#2467357) Homepage Journal

    Ah, I can see you've never worked for The Feds before. Our friend has exactly two choices:

    1. Endure it
    2. Leave

    That's it. I used to be a contractor for the Navy, and every once in a while they would conduct searches like that too. You know what? They were well within their rights, as far as the documents I had signed on joining were concerned.

    The point that everyone misses around here is that security people are malajusted, paranoid bastards because they have to be. They do not have a sense of humor.

  • No recourse (Score:2, Informative)

    by Johnboi Waltune ( 462501 ) on Tuesday October 23, 2001 @05:37PM (#2468847)
    The 4th Amendment only protects you from the government. If your company wants to search your bag to allow you access to THEIR property, then they are well within their rights. There are three things you can do:

    1) Put up with it. Where I work they do the same thing. So the security guard gets to see my sweaty workout clothes. Big deal. 2) Try to change the system. 3) Quit. I think #1 is the most reasonable choice. If they start doing body cavity searches, then by all means, investigate #2 and #3!

  • IAAL (Score:1, Informative)

    by Anonymous Coward on Tuesday October 23, 2001 @05:47PM (#2468901)
    IAAL (California Bar), the search in question, is valid, as it is not imposed on the personal property of the individual in question, the santity of his home, personal property and other related inheritence; thus the search in question, taken on behalf of a government entity, imposed not individualistically, but generally, conforming to all entities concerned, equally, is valid within all accepted federal and state/DC laws, the individual concerned should apperaciate that their other rights are being protected by this unquestionablly valid search.

    Thank you.
  • by sigwinch ( 115375 ) on Tuesday October 23, 2001 @07:22PM (#2469400) Homepage
    If only the Chinese dissidents at Tiananmen Square had been "packing", those tanks wouldn't have stood a chance.
    That statement is absolutely accurate. Undefened tanks (and planes, ships, etc.) are hideously vulnerable. A bunch of primitives can simply walk up to a tank that isn't defended by infantry and jam its treads with sticks and rocks. Then they can build a fire underneath it at their leisure and cook the tank crew to death. All mechanized weapons are similarly vulnerable. Look at what a couple of random attackers were able to do to the U.S.S. Cole with a raft, fertilizer, and oil.

    If you can take out the infantry guarding the mechanized weapon, you can destroy the weapon. If you have small arms, you *can* take out the infantry.

    I am so tired of this absurd argument by gun nuts that citizens with pistols, rifles, and shotguns can successfully defend themselves against a government gone bad.
    The argument, however, is true. If every block of a city is defended by a modest supply of small arms, the city is unconquerable. Destroyable, perhaps, but unconquerable. If there are enough defenders with guns, and the government-gone-bad doesn't have the will to exterminate the city, the revolution is successful.
    Tanks, planes, and bombs are relatively immune to some bunch of yahoos with Glocks, Rugers, and Colts.
    You can only be conquered if the enemy can send in flesh and blood people to impose their word as law. If you have small arms, you can keep sending those would-be conquerors back home in coffins indefinitely. If the would-be conqueror is not willing to use weapons of mass destruction, they must eventually withdraw.

    Small arms also tend to keep the police and other government enforcers reasonable. If John Suspect might be carrying a gun, law enforcement won't be nearly so quick to put him in a position where he has nothing left to lose. Ditto for prospective mass murderers, muggers, rapists, and so forth.

  • by Anonymous Coward on Tuesday October 23, 2001 @08:23PM (#2469682)
    Thats Benjamin Franklin.

    just thought I'd let you know,

    Case

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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