O'Connor v. Ortega

Dr. Mango Ortega was a physician and psychiatrist employed by the Napa State Hospital. He had been in its employment for 17 years until his dismissal in 1981. His primary position had been as the chief of professional education where he was responsible for the training of physicians in the psychiatry residency program. Hospital officials became concerned with his management of the residency program, particularly in light of possible improprieties in purchasing computer equipment and charges of sexual harassment of female hospital employees. Prior to dismissal Dr. Ortega was placed on paid administrative leave while hospital officials investigated the charges. Officials also recommended that Dr. Ortega not return to the hospital grounds until such time as he was returned to active employment or dismissed and allowed to collect his personal effects.

While he was on administrative leave, hospital officials entered Dr. Ortega's office and searched his desk and file cabinets. They justified this search without a warrant as proper because it was necessary to inventory the office for state property and separate Dr. Ortega's personal items and files from those owned by the state or crucial to the efficient operation of the department. In the course of the search, several personal items were removed and later used in court to impeach, or discredit, a witness on behalf of Dr. Ortega.

Dr. Ortega filed a claim against Dennis M. O'Connor and other hospital officials in the U.S. District Court for the Northern District of California. He alleged that the search of his office and removal of personal items was a direct violation of his Fourth Amendment rights as guaranteed by the U.S. Constitution. The district court ruled in favor of O'Connor and the Napa State Hospital, determining that the search was reasonable in order to secure state property. Ortega then appealed to the U.S. Court of Appeals for the Ninth Circuit. The court reversed the decision because the doctor had a "reasonable expectation of privacy in his office." It was remanded to the Supreme Court on a writ of certiorari.