CONSTITUTIONAL RIGHTS Our handbook, written by Kenneth Peck gives us some insight into the constitutional rights associated with criminal justice employees. It covers such areas as freedom of speech, search and seizures, self incrimination, religious practices, sexual misconduct, residency requirements, moonlighting, misuse of firearms, alcohol and drugs and drug testing. The state has a vital interest as an employer in regulating the speech of its employees with reasonable restrictions. The restrictions cannot be overly broad or in a way in which the government action is implied. Agencies may regulate/restrict the political behavior of employees. Without this employees can be pressured by superiors to support certain candidates, political activities or other activities that may impair the effectiveness and efficiency of the organization or them doing their jobs. The Fourth Amendment rights in regards to search and seizure cover the employee when they are off duty or at home just as it applies to everyone else. However, equipment supplied by the organization, such as lockers, desks, computers, patrol cars, uniforms, etc. are not protected by the Fourth Amendment. Even the employees, themselves, during work hours are considered a part of the department’s equipment and the individual may be used in a police lineup if necessary.
The right to plead the Fifth Amendment does not necessarily apply to criminal justice employees providing that the officer has been informed beforehand that any answers may not be used later in a criminal proceeding. If they the questions relate directly to his performance or duties and they refuse to answer they can be fired. Organizations are required to provide reasonable accommodations for religious beliefs without causing an undue hardship to the department. But they are not allowed to have complete freedom of religious