O'connor et al. v. Ortega (480 U.S. 709)
U.S. Supreme Court · decided March 31, 1987 · Supreme Court Database (Spaeth)
- Citation
- 480 U.S. 709 · 107 S. Ct. 1492
- Decided
- March 31, 1987
- Term
- October Term 1986
- Vote
- 5–4
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor announced the judgment of the Court and delivered an opinion in which The Chief Justice, Justice White, and Justice Powell join. This suit under 42 U. S. C. § 1983 presents two issues concerning the Fourth Amendment rights of public employees. First, we must determine 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, we must address 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. I Dr. Magno Ortega, a physician and psychiatrist, held the position of Chief of Professional Education at Napa State Hospital (Hospital) for 17 years, until his dismissal from that position in 1981. As Chief of Professional Education, Dr.. Ortega had primary responsibility for training young physicians in psychiatric residency programs. In July 1981, Hospital officials, including Dr. Dennis O’Connor, the Executive Director of the Hospital, became concerned about possible improprieties in Dr. Ortega’s management of the residency program. In particular, the Hospital officials were concerned with Dr. Ortega’s acquisition of an Apple II computer for use in the residency program. The officials thought that Dr. Ortega may have misled Dr. O’Con-nor into believing…
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