OH5: Ptf stated claim for invasion of privacy that private drug tester had to observe genitalia

Plaintiff stated a claim for invasion of privacy that a private drug tester had to observe their genitals in a drug test. Lunsford v. Sterilite of Ohio, 2018-Ohio-3437, 2018 Ohio App. LEXIS 3725 (5th Dist. Aug. 27, 2018).

“Failure to comply with the requirement in Minnesota Statutes section 171.177, subdivision 1 (Supp. 2017), that ‘[a]t the time a blood or urine test is directed pursuant to a search warrant …, the person must be informed that refusal to submit to a blood or urine test is a crime’ does not justify suppression of the test results in a criminal prosecution for driving while impaired.” (Syllabus by the court.) State v. Mike, 2018 Minn. App. LEXIS 376 (Aug. 27, 2018).

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