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Skinner does not apply to governmental actors; suit against DUI test of engineer without probable cause can proceed

By John Wesley Hall, Jr.

Railroad employees' union stated a claim for relief for a DUI test of locomotive engineers without probable cause to believe they are under the influence. Skinner does not apply to governmental actors. United Transp. Union v. Perdue, 2008 U.S. Dist. LEXIS 80991 (S.D. W.Va. September 30, 2008): Furthermore, the facts presented in the instant complaint describe a situation that falls outside the purview of Skinner. In Skinner, the railroad was searching its own employee to determine the cause of an accident; here, local law enforcement performed the search. While Skinner stands for the proposition that administrative searches in the wake of railroad accidents may be performed without probable cause, there is little to suggest that Skinner extended to local law enforcement...continue to full post

Full post as published by Fourth Amendment on October 16, 2008 (boomark / email).