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NY1: Given that a drug test can occur, the person from whom sample is taken cannot complain of the test

By John Wesley Hall, Jr.

NYPD officer who failed a drug test could not complain that this specific test violated his Fourth Amendment rights just because it was not approved by the police union collective bargaining agreement. Matter of Chiofalo v. Kelly, 2010 NY Slip Op 785, 2010 N.Y. App. Div. LEXIS 735 (1st Dept. February 4, 2010). We reject petitioner's claim that using the radioimmunoassay method of hair testing violated his Fourth Amendment right against unreasonable search and seizure because the use of that method was not authorized by the Police Department's collective bargaining agreement with petitioner's union. The Court of Appeals has held that the Commissioner was empowered to choose the method of drug testing, and that choice was not subject to collective bargaining (see Matter of City of New York v Patrolmen's Benevolent Assn...continue to full post

Full post as published by Fourth Amendment on February 05, 2010 (boomark / email).