Modrowski v DVA, Federal Circuit # 00-3311, June 13, 2001.  The Federal Circuit reverses the Board, finding that the employee was improperly denied an adequate opportunity to consult with his lawyer about the effective scope of a purported grant of immunity before being compelled to answer questions or be removed.  As a result of this denial, the Court reversed the charge of refusal to cooperate in the agency's investigation.  Because it sustained two other charges against the employee, the Court remanded the case for a determination of an appropriate penalty.
 

Wiley v Justice, 89 MSPR 542, September 4, 2001.  The Board held that the Fourth Amendment restriction on unreasonable searches is applicable to the search of an employee's vehicle when he drives it into the parking lot of a correctional institution.  The employee had a reasonable expectation of privacy with regard to his vehicle in such circumstances.  He did not consent to a search, by driving his car past notices at the entrance to the prison that provided that he was subject to routine searches upon entrance.  Nevertheless, the warden met the "reasonable suspicion" prerequisite of the Amendment based on information he had received that the employe had been keeping a loaded gun in his car as well as an allegation that the employee had in the past brought the gun into the prison in his briefcase.  Accordingly, the employee's Fourth Amendment rights were not violated.
 

Barnes v Veterans Affairs, Fed. Cir. No. 01-3223, November 7, 2001.  Sexual misconduct comes in many forms besides harassment or misuse of the internet. While serving a suspension for misconduct, a co-worker discovered photographs in the employee’s desk that showed her at her desk exposing her crotch.  The agency removed the employee and the action was sustained by the Board and Federal Circuit since the misconduct occurred in the office and she stored the photos there despite the public  nature of the office and her position.
 

Stewart v Evans, D.C. Cir. No. 01-5036, January 11, 2002.  An employee of the Department of Commerce sued two of her supervisory employees for violation of her Fourth Amendment rights when those employees searched her private documents she prepared for her EEO complaint.  These detailed desk notes were kept in her desk drawer and contained information about the alleged abusive treatment and subsequent acts of reprisal by the supervisors.  The court found that the warrant less search was actionable.