Furthermore "Searches and seizures by government employers or supervisors of the private property of their employees . . . are subject to the restraints of the Fourth Amendment." O'Connor v. Ortega, 480 U.S. 709, 715, 107 S. Ct. 1492, 94 L. Ed. 2d 714 (1987); see Lesher v. Reed, 12 F.3d 148, 150-51 (8th Cir. 1994) ("A government employer's seizure of property possessed by an employee is clearly subject to Fourth Amendment restraints"). The fourth amendment should protect him from intrusion of privacy as a governmental employee under all circumstances. The courts viewed investigations of work related misconduct would be judged upon the reasonableness of the scope of the investigation.
The court ruled that due to under these circumstances the Omaha police department was reasonable in its request. The immediacy of the theft and the bet by the officer was indeed reasonable. The agency was conducting an internal not a criminal investigation. Therefore, the information could not be used in a criminal investigation. Had it been a criminal investigation the requirements for search and seizure would have been in effect.
As employees of government entities our lives are a book that must be opened occasionally. We have to be transparent to our agencies and the public. This particular portion of the case merely scratches the surface of what part of how far reaching the courts allow our employers to delve into our lives.