Mandatory Post-Shooting Breathalyzer Testing of NYPD Officers is Legal

The special needs doctrine permits reasonable warrantless, suspicionless searches when there is a governmental interest that outweighs the privacy interest asserted by the person searched. In Skinner v. Railway Execs Association, 489 U.S. 602 (1989), for example, the governmental interest was ensuring that train engineers not operate locomotives while under the influence of intoxicants and that the engineers, knowing testing would occur in the event of any accident, would…

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