{"id":5113,"date":"2011-05-28T07:38:07","date_gmt":"2011-01-23T10:42:32","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-23T10:42:32","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5113","title":{"rendered":"CA3: Drug testing of a mere “weed-wacker” in a highly regulated industry was still valid"},"content":{"rendered":"

Even though plaintiff was a landscaper, he worked for a highly regulated sewage treatment facility, and the state could require drug testing. Mollo v. Passaic Valley Sewerage Comm’rs<\/a>, 406 Fed. Appx. 664 (3d Cir. 2011):<\/p>\n

Here, PVSC demonstrated that Mollo was aware of the safety concerns inherent in work at its treatment plant and, as an entity, PVSC clearly satisfies PBA Local 304<\/a>‘s alternative criterion of a “long tradition of close government supervision.” 151 N.J. at 545 (internal quotation marks and citation omitted). Taking these facts together, Mollo had a diminished expectation of privacy. His duties, though those of a self-described “weed-whacker,” were safety-sensitive: they either required, or could have required, that he engage in tasks\u2014such as the operation of machinery in dangerous places and the use of tools meant to detect whether he and other workers safely could enter certain, possibly dangerous, airspaces\u2014the discharge of which were fraught with risks of serious injury.<\/p><\/blockquote>\n

[Note: If Von Raab<\/a> could differentiate gun carrying employees from others, why must a sewage facility insist on drug testing a guy handling a “weed wacker”?]<\/p>\n

Defendant\u2019s stop was justified by hitting the centerline twice and weaving in his lane for four miles. State v. Brown<\/a>, 332 S.W.3d 282 (Mo. App. 2011).*<\/p>\n

The trial court erred in granting a suppression motion for defendant\u2019s breath test in a second degree murder shooting case, done just to see how drunk he was. It was lawful under Schmerber despite the fact it was not a DUI case. State v. Dowdy<\/a>, 332 S.W.3d 868 (Mo. App. 2011).<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5113","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5113","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5113"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5113\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5113"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5113"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}