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 “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . .” It is well settled that the Fourth Amendment's protection extends beyond the sphere of criminal investigations. Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 530, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967). “The Amendment guarantees the privacy, dignity, and security of persons against certain arbitrary and invasive acts by officers of the Government,” without regard to whether the government actor is investigating crime or performing another function. Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602, 613-614, 109 S. Ct. 1402, 103 L. Ed. 2d 639 (1989). The Fourth Amendment applies as well when the Government acts in its capacity as an employer. Treasury Employees v. Von Raab, 489 U.S. 656, 665, 109 S. Ct. 1384, 103 L. Ed. 2d 685 (1989).


The Court discussed this principle in O'Connor. There a physician employed by a state hospital alleged that hospital officials investigating workplace misconduct had violated his Fourth Amendment rights by searching his office and seizing personal ...

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