Derrick A. Wiley v. Department of Justice

Opinion for the Court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge PROST.

GAJARSA, Circuit Judge.

Derrick A. Wiley (“Wiley”) petitions for review of the final decision of the Merit Systems Protection Board (“Board”) concluding that the search of Wiley’s car conducted by Wiley’s employer, the Federal Bureau of Prisons in the Department of Justice (“agency”), did not violate the Fourth Amendment, thereby sustaining Wiley’s removal from the agency for refusing to submit initially to the search when requested. Wiley v. Dep’t of Justice, 89 M.S.P.R. 542 (M.S.P.B.2001).…