Francis D. Gillard v. Harold F. Schmidt

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that superior’s search through personal items in employee’s desk was unconstitutional even when a particular item was sought
• holding that “a guidance counselor, charged with maintaining sensitive student records, in the absence of an accepted practice or regulation to the contrary, enjoys a reasonable expectation of privacy in his school desk.”
• holding that school guidance counselor had reasonable expectation of privacy in desk
• finding that employer’s ownership of employee’s desk did not defeat Fourth Amendment claim
• noting that by “[w]orking in an office secured by a locked door at a desk containing psychological profiles and other confidential student records, [school guidance counselor] had a reasonable expectation that papers in his desk would remain safe from prying eyes.”
• search of guidance counselor’s desk for a non-work-related unflattering cartoon held unconstitutional

Source: CourtListener parenthetical corpus (CC0).