{"id":7371,"date":"2012-12-20T08:55:13","date_gmt":"2012-07-01T08:53:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-01T08:53:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7371","title":{"rendered":"S.D.N.Y.: Breath testing of NYPD officers involved in shootings reasonable under \u201cspecial needs\u201d doctrine"},"content":{"rendered":"

NYPD\u2019s policy of giving a breath test to officers involved in shooting incidents is reasonable under the \u201cspecial needs\u201d doctrine. Palladino v. City of New York<\/a>, 870 F. Supp. 2d 350 (S.D. N.Y. 2012) (prior history: preliminary injunction denied, Palladino v. The City of New York, 07 CV 9246 (S.D.N. Y. Sep. 30, 2008), aff\u2019d Lynch v. City of New York<\/a>, 589 F.3d 94 (2d Cir. 2009), cert, denied, 131 S. Ct. 415 (2010)): <\/p>\n

Plaintiffs argue that the breathalyzer test is unreasonable in light of the emotional trauma NYPD officers might experience after discharging their weapons. NYPD officers are without question a category of the bravest and finest public servants, and often must face the consequences of difficult and even potentially life-threatening situations. But the breathalyzer test\u2014even with its immediate post-shooting application\u2014is not an unreasonably traumatic intrusion when viewed in the context of the thorough post-shooting investigation protocol already in place. Officers understand that there will be an administrative investigation into each instance in which they must discharge their firearms. Officers also understand that they will be subject to a five minute breathalyzer test every time they discharge their weapons and someone is injured as a result. It is a brief, mandatory process. The breathalyzer test is uniformly conducted and is neither arbitrary nor oppressive. The test is conducted immediately to quickly lift the cloud of any suspicion that an officer has acted improperly.<\/p>\n

The final balancing factor of the special needs test requires the Court to consider “the nature and immediacy of the government’s needs” and “the efficacy of its policy in addressing those needs.” Cassidy, 471 F.3d at 75. As the Second Circuit articulated in Lynch, “the NYPD’s regulations involving alcohol and firearms are vital to public safety, and the NYPD has a substantial interest in detecting and disciplining officers who violate these policies… [and] in deterring its officers from using their firearms while intoxicated.” 589 F.3d at 104. The NYPD has a very practical and important interest in managing its personnel and ensuring that officers comply with the Patrolman’s Guide regulations concerning officer fitness for duty. Officers are prohibited from possessing a firearm if they are overly intoxicated. The breathalyzer test deters officers from violating this important rule, and serves to identify those officers who do discharge their weapons while under the influence of alcohol. Accordingly, IO 52 is narrowly tailored to accomplish the NYPD’s goals of ensuring compliance with its policies regarding personnel management. See id. (“By quickly and unequivocally determining whether alcohol was involved in an NYPD officer’s use of his or her firearm, the breathalyzer policy will assist the NYPD in disciplining officers who use their firearms while intoxicated and will provide an incentive to officers to stow their firearms before drinking alcohol”).<\/p><\/blockquote>\n

Under Von Raab<\/a> and Skinner, this really was not even a close question. <\/p>\n","protected":false},"excerpt":{"rendered":"

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