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O'CONNOR v. ORTEGA

No. 85-530.

480 U.S. 709 (1987)

107 S.Ct. 1492

94 L.Ed.2d 714

O'CONNOR ET AL. v. ORTEGA

Supreme Court of United States.

Decided March 31, 1987

Attorney(s) appearing for the Case

Jeffrey T. Miller argued the cause for petitioners. With him on the briefs were John K. Van de Kamp, Attorney General of California, Marvin Goldsmith, Assistant Attorney General, and Jeffrey T. Miller and Teresa Tan, Deputy Attorneys General.

Joel I. Klein, by invitation of the Court, 475 U.S. 1006, argued the cause and filed a brief as amicus curiae in support of the judgment below. Magno J. Ortega, pro se, filed a brief as respondent.*

Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Peter W. Morgan, Jack Novik, Burt Neuborne, and Michael Simpson; and for the American Federation of State, County, and Municipal Employees, AFL-CIO, by Richard Kirschner.

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...

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