{"id":459,"date":"2006-10-22T06:14:36","date_gmt":"2006-09-28T12:41:34","guid":{"rendered":""},"modified":"2017-09-17T13:44:34","modified_gmt":"2017-09-17T18:44:34","slug":"en-us-249","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=459","title":{"rendered":"Missouri cannot drug test all employees of Dept. of Mental Health where there is no “special need”"},"content":{"rendered":"

Missouri cannot drug test all employees of its Department of Mental Health where there is no “special need,” and the state carries the burden of proof on where the special need should arise. Security personnel qualify under Von Raab<\/em>. The state also showed a need at its Habilitation Centers where retarded clients stayed because of a known pattern of drug abuse and drug smuggling and the vulnerable clients there. That justification, however, did not carry over to all employees of other units. “Given this record, Dittemore has failed to prove that there is a special need for random drug testing of Plaintiffs who work at Mid-Missouri Mental Health Center and Southeast Missouri Mental Health Center.” Jakubowicz v. Dittemore, 2006 U.S. Dist. LEXIS 68639 (W.D. Mo. September 12, 2006) [I was somewhat involved in this case. I drafted the complaint, provided a little advice on the phone, and it went on from there. Dan Viets of Missouri NORML carried this case.].<\/p>\n

After viewing the videotape of the stop, the officer’s questioning of defendant for 90 seconds after issuance of a warning citation was not unreasonable. United States v. Cano, 2006 U.S. Dist. LEXIS 69049 (D. Kan. August 25, 2006).*<\/p>\n

Four weekly trash pulls of defendant’s trash was not a violation of any of his rights under the Fourth Amendment. United States v. Kearns, 2006 U.S. Dist. LEXIS 69095 (N.D. Ga. February 21, 2006):<\/p>\n

It is apparent that all of these circumstances were present in this case. The Defendant made no special arrangements with Rural Garbage to keep his trash from public view, no one other than those authorized by the Defendant (i.e., Rural Garbage and Mr. Cofield) entered his property, and no unusual procedures were followed other than to keep the Defendant’s garbage separate and available for inspection. See United States v. Vahalik, <\/em>606 F.2d 99 (5th Cir. 1979). n11 Under these conditions, this Court is persuaded that the Defendant retained no legitimate expectation of privacy in his trash once it left the curtilage of his residence.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evGMco.b2evALnk.b2WPAutP.b2evSmil Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-459","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/459","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=459"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/459\/revisions"}],"predecessor-version":[{"id":29206,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/459\/revisions\/29206"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=459"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=459"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=459"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}