Fraternal Order of Police, Lodge No. 5 v. Tucker

I

I agree with the majority that the defendants had evidence sufficient to establish a reasonable suspicion that the plaintiff officers were using drugs, and that the defendants therefore did not violate the plaintiffs’ rights under the fourth amendment when they ordered the plaintiffs to submit to urinalysis. I also agree with the majority’s conclusion that the defendants violated the plaintiffs’ right to procedural due process when they did not inform the plaintiffs of the evidence giving rise to a reasonable suspicion that the officers had used drugs before they were discharged. I thus…