Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

NYPD police shooting drug and alcohol testing policy apparently will survive Skinner; TRO denied

By John Wesley Hall, Jr.

In a suit brought by the officers' union, a TRO is denied against NYPD's policy of drug and alcohol testing officer's involved in a shooting. Likelihood of success on the merits not shown under Skinner. Palladino v. City of New York, 2008 U.S. Dist. LEXIS 86757 (S.D. N.Y. September 30, 2008): At this stage in the proceedings, plaintiffs have not sufficiently shown, in contravention to defendants' assertions, that IO 52 and its enforcement likely does not constitute a special need. As in Skinner, the City of New York has a substantial interest in the safety of its citizens, visitors, and the police department. Defendants contend that a sober police force serves to further that interest and that IO 52 encourages sobriety. Morever, plaintiffs have proffered no evidence that IO 52 is a regulation primarily concerned with law enforcement...continue to full post

Full post as published by Fourth Amendment on October 30, 2008 (boomark / email).