Category Archives: Drug or alcohol testing

D.D.C.: Random drug testing of day care employees unreasonable

Random suspicionless government mandated drug testing of day care employees unreasonable because there is no compelling governmental interest. Ass’n of Indep. Sch. of Greater Wash. v. District of Columbia, 2018 U.S. Dist. LEXIS 70146 (D.D.C. April 20, 2018), reconsideration denied, … Continue reading

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OH9: ER’s blood draw for medical diagnosis didn’t require compliance with statute on DWI blood draws

Defendant was in a fatal accident and taken to the ER. The state trooper there tried to get him to consent to a blood test, and he declined. While the officer went to get a search warrant for this blood, … Continue reading

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WI: Drinking and driving until unconsciousness obviates def’s chance to withdraw implied consent

“We conclude that Mitchell voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing probable cause of intoxication. Further, through drinking to the point of unconsciousness, Mitchell forfeited all opportunity, … Continue reading

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GA: Trial judge’s order of defense counsel to be drug tested violated 4A; ADA’s SW for blood test next day was valid, however

Defense counsel appeared to the trial judge to be under the influence of something, and the judge ordered a recess. Defense counsel came back to finish the trial after a few hours, and the condition still existed. The court ordered … Continue reading

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KS: A field sobriety test is not a search.

A field sobriety test is not a search. Even if it was, this was shown to be by consent. City of Leawood v. Puccinelli, 2018 Kan. App. LEXIS 35 (June 22, 2018). This heading in the too long opinion explains … Continue reading

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D.D.C.: HR employee of DC crime lab couldn’t be subjected to random drug testing

The District of Columbia’s policy to randomly drug test virtually everybody working at the crime lab could not constitutionally apply to plaintiff, a human resources specialist there. She was fired for refusing a drug test, and received $802,000 at a … Continue reading

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DE: Facts escalated from speeding to RS of DUI leading to SW for blood draw

Defendant’s stop started with speeding 85 in a 50, and the reasonable suspicion progressed to probable cause he was under the influence. “The Court also finds that Mr. Kamwani’s performance on the field sobriety tests, the odor of alcohol, the … Continue reading

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PA: Consent to blood draw preceded any alleged Birchfield violation, so no suppression

“Here, Moser gave his consent to the blood test while he was in the patrol car on the way to the hospital. … Officers read form DL-26 to Moser at the hospital, after he had already consented to the blood … Continue reading

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NY1: REP in a bathroom with door closed but unlocked

A person in a bathroom without a lock on the door with the door shut has a reasonable expectation of privacy. Police opening the door violated that expectation. People v. Vinson, 2018 NY Slip Op 03437, 2018 N.Y. App. Div. … Continue reading

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ArkTimes.com TANF drug-testing program cost Arkansas $32,000 to test five people in 2017

ArkTimes.com TANF drug-testing program cost Arkansas $32,000 to test five people in 2017 by Benjamin Hardy (two tested positive):

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NY: Partially inaccurate statement as to admissibility at trial of refusal of BAC test required suppression

“In sum, because the warnings given to defendant were at least partially inaccurate — i.e., as to the admissibility at trial of his refusal to submit to testing — the courts below properly suppressed the results of the breathalyzer test … Continue reading

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MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

“The seizure of a patient’s blood sample pursuant to a search warrant addressed to a hospital does not violate the statutory physician-patient privilege because a blood sample collected by the hospital as part of medical treatment does not constitute ‘information’ … Continue reading

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