Dyson v. State Personnel Bd

In Dyson v. State Personnel Bd. (1989) 213 Cal.App.3d 711, the Department of Youth Authority conducted a search of a youth counselor's home for evidence that the counselor had committed the crime of theft. (Id. at p. 714.) A criminal prosecution was dismissed on the ground the search violated the employee's constitutional right to privacy. (Ibid.) However, over the employee's objection, the unconstitutionally seized evidence was admitted in a subsequent administrative disciplinary proceeding which resulted in the employee's dismissal. (Id. at pp. 714-715.) The issue presented on appeal was whether said evidence should have been excluded from the administrative proceedings. Dyson concluded the Board was collaterally estopped to deny the constitutional invalidity of the search, as determined in the criminal proceeding, and the unconstitutionally seized evidence should have been excluded in the administrative proceeding. (Id. at p. 715.)