Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Wednesday, February 24, 2010

NYC Police Officers Can Be Subject To Breathalyzer Tests After Police Discharge Their Firearm

A federal appeals court in Manhattan has ruled constitutional a New York City Police Department policy requiring breathalyzer tests for officers who use their guns to kill or injure someone. The 2nd U.S. Circuit Court of Appeals rejected a challenge to the policy mounted by two police officer labor unions, which argued that the officers' Fourth Amendment privacy interests outweighed the NYPD's interest in detecting and disciplining officers who use their guns while intoxicated.

Lynch v. City of New York, ____F.3d____(2d Cir. Dec. 11, 2009).

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2010/02/nyc-police-officers-can-be-subject-to-breathalyzer-tests-after-police-discharge-their-firearm.html

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Comments

From the decision, "The NYPD also has a substantial interest in deterring its officers from using their firearms while intoxicated." I hope so.

Posted by: Sujan Vasavada | Feb 25, 2010 8:02:14 AM

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