Wednesday, February 24, 2010
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