FINKELSTEIN v. STATE PERSONNEL BD.

Docket No. C004206.

218 Cal.App.3d 264 (1990)

267 Cal. Rptr. 133

LEONARD FINKELSTEIN, Plaintiff and Respondent, v. STATE PERSONNEL BOARD, Defendant and Appellant; FRANCHISE TAX BOARD, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

February 26, 1990.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard M. Frank, Paul H. Dobson, Shelley Mydans and Susan P. Underwood, Deputy Attorneys General, for Defendant and Appellant and for Real Party in Interest and Appellant.

Gary P. Reynolds and Darrell S. Steinberg for Plaintiff and Respondent.


OPINION

SIMS, J.

We hold that evidence obtained in a governmental employer's search of an employee's private briefcase should not be excluded in this disciplinary proceeding before the California State Personnel Board (Personnel Board). In reaching this latter conclusion, we distinguish on its facts our recent decision in Dyson v. State Personnel Bd. (1989) 213 Cal.App.3d 711

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