vehicle search by employer??

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flechero
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vehicle search by employer??

#1

Post by flechero »

Since this comes up with some regularity, and I didn't want to hijack another thread... When an employer has a no weapons policy, there seems to be a general concern that vehicles will be searched in the parking lot and then the person fired.

Here is my question- has anyone actually had a vehicle searched by an employer? I've never even heard of it happening... even if the employee was fired for theft. I'm not even sure it would be legal for an employer to require search of a vehicle. Legality aside though, I'd love to hear of any actual events or circumstances that it could even happen. A business so focused on searching a vehicle, will probably not be in business for long as the priorities are way out of whack.
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seamusTX
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Re: vehicle search by employer??

#2

Post by seamusTX »

It's probably not that common, but it happens.

http://www.nraila.org/Issues/Articles/R ... 0&issue=53" onclick="window.open(this.href);return false;
http://www.nraila.org/Issues/Articles/R ... 9&issue=53" onclick="window.open(this.href);return false;

I should add that no one knows how many individuals have been fired for suspicion of having a weapon or some trumped-up cause after running their mouth at work.

- Jim
Last edited by seamusTX on Sat Sep 05, 2009 9:18 am, edited 1 time in total.
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F_L
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Re: vehicle search by employer??

#3

Post by F_L »

The police can't search your car without probable cause or a warrant. How would an employer have the right to search?

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garcia946
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Re: vehicle search by employer??

#4

Post by garcia946 »

I seriously doubt that an employer can search your vehicle even in the business parking lot.
Goes back to where we can not take our firearm , school ( leave it in the car ) malls ( leave it in the car ) goverment buildings ( leave it in the car ). Thoses places can`t search your vehicle.... :nono: kinda like your house , can`t search without search warrant
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bdickens
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Re: vehicle search by employer??

#5

Post by bdickens »

I started a thread on this subject here: http://www.texasshooting.com/TexasCHL_F ... 83&t=27203" onclick="window.open(this.href);return false;

Apparently it is legal.

The company in question has actually done it. They check random vehicles as they enter or leave the property. I haven't been nabbed myself, but one of my co-workers has. The search is rather cursory, but the policy forces me to play the odds of not getting jacked between here and Sealy.

I'd like to get ahold of those (violation-of-the-forum-rules) legislators who held up the parking lot bill and kept it from getting passed and smack them around some!
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C-dub
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Re: vehicle search by employer??

#6

Post by C-dub »

The company can do it because, in most cases, the employees have given them permission. Most of the time the company will have us read and sign a letter stating that we are aware of their policy and we give them permission to search our vehicles. This is usually a condition of employment.
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seamusTX
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Re: vehicle search by employer??

#7

Post by seamusTX »

A private employer or business cannot forcibly search your vehicle, but they can fire you (in the case of an employer) or refuse entry. Nearly every vehicle that enters an oil refinery or port is searched on that basis.

If the police are involved, they can always find probable cause.

- Jim
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stevie_d_64
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Re: vehicle search by employer??

#8

Post by stevie_d_64 »

C-dub wrote:The company can do it because, in most cases, the employees have given them permission. Most of the time the company will have us read and sign a letter stating that we are aware of their policy and we give them permission to search our vehicles. This is usually a condition of employment.
Meaning you'll get fired for refusing when they do...

Yet...Oh well...If you hide it well enough, they can't find "it", whatever that is...

A little secret, if you want to really throw a wench in the monkey on all of this...

Get you a safe that can be bolted down or secured in a way that locks "it" up, and "it" can only be accessed by combination or a separate key, from your "normal" keyring...

"What??? Oh that, yeah...I don't have the key for that "in hand"...I can come back tomorrow and have the key to open it then."

Bottom line is that I would reside myself to getting fired...Makes it easier...

Or don't say a word to anyone at your place of employment about guns or Second Amendment issues...

Just my opinion...
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Frost
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Re: vehicle search by employer??

#9

Post by Frost »

Some companies run dogs trained on gunpowder through the parking area.
It can happen here.

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Re: vehicle search by employer??

#10

Post by FlynJay »

Frost wrote:Some companies run dogs trained on gunpowder through the parking area.
That would suck since I am sure my truck smells like gunpowder whether or not I have a loaded gun inside or not.
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Kevinf2349
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Re: vehicle search by employer??

#11

Post by Kevinf2349 »

Frost wrote:Some companies run dogs trained on gunpowder through the parking area.
At my place of work the dogs would probably not be able to smell anything past all the management horse pucky that is around anyway! "rlol"
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Re: vehicle search by employer??

#12

Post by PappaGun »

garcia946 wrote:I seriously doubt that an employer can search your vehicle even in the business parking lot.
Goes back to where we can not take our firearm , school ( leave it in the car ) malls ( leave it in the car ) goverment buildings ( leave it in the car ). Thoses places can`t search your vehicle.... :nono: kinda like your house , can`t search without search warrant
Malls?

I would never go in a mall with out my firearm. And they are not off limits unless posted.
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boomerang
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Re: vehicle search by employer??

#13

Post by boomerang »

PappaGun wrote:
garcia946 wrote:I seriously doubt that an employer can search your vehicle even in the business parking lot.
Goes back to where we can not take our firearm , school ( leave it in the car ) malls ( leave it in the car ) goverment buildings ( leave it in the car ). Thoses places can`t search your vehicle.... :nono: kinda like your house , can`t search without search warrant
Malls?

I would never go in a mall with out my firearm. And they are not off limits unless posted.
Same with government buildings like libraries and community centers. And maybe not off limits even if posted.

Sounds like somebody got a bad instructor.
"Ees gun! Ees not safe!"
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boomerang
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Re: vehicle search by employer??

#14

Post by boomerang »

seamusTX wrote:A private employer or business cannot forcibly search your vehicle, but they can fire you (in the case of an employer) or refuse entry. Nearly every vehicle that enters an oil refinery or port is searched on that basis.
Jim hit the nail on the head.
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seamusTX
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Re: vehicle search by employer??

#15

Post by seamusTX »

Even a blind squirrel finds a nut occasionally.

I should have written, "A private employer or business cannot legally forcibly search your vehicle..." They can have their goons drag you out, handcuff you, search you, etc.; but you can probably succeed in suing them afterward for a six- or seven-digit amount.

- Jim
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