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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Can I file criminal charges against my supervisor at a security

Customer Question

Can I file criminal charges against my supervisor at a security company for opening my computer bag and photographing the contents in the bag?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 9 years ago.
Probably not, though a precise answer could depend on several considerations, such as:

1) Whether this computer bag and the computer were your personal property or the property of the company;

2) Whether there is an employment agreement of any kind and if so what the terms of that agreement are with respect to inspection of your personal property;

3) Whether the company has a published or otherwise established policy regarding inspection of your personal possessions at any time at the discretion of the employer;

4) Whether you consented, expressly or by implication, to the search/photography of the bag and its contents;

5) Whether you expressed an objection to the search/photography at the time it was conducted;

6) Whether any physical damage done to any property which belongs to you; and

7) What the reason for the inspection was (for example, was it a safety issue?).

There might well be other considerations as well, but those are the ones that come readily to mind.

Why would you want to file criminal charges over this incident?
Jim Reilly and 3 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
Because this all occurred while I was being transported to the emergency room for the exposure of toxic chemicals stored in an unsafe manner in a room where the fumes where detectable in pubic hallways with possible health risk of residents living down this hallway.
Expert:  Jim Reilly replied 9 years ago.
Odd situation. Do you know why the bag was searched? Is there any possibility they thought the toxic chemicals were in the bag?