Legal Opinion · Dissent

Rawlings v. Police Dept. of Jersey City

Supreme Court of New Jersey

Decided July 13, 1993Published

1DissentO’Hern, J.

I agree with the majority that public employees in safety-sensitive positions may be subjected to drug testing on the basis of an individualized reasonable suspicion that the employee may have ingested or may be under the influence of drugs. That doctrine reflects a reasonable balance of the public’s interest in safety and the individual’s interest in the personal freedom to be free from bodily intrusions. I disagree that when the employer is a law-enforcement agency, it may invoke its rights as an employer to obtain evidence for a criminal prosecution that would otherwise be inadmissible…

2Cases cited29 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. South Dakota v. OppermanSupreme Court of the United States · 1976
  3. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  4. Garrity v. New JerseySupreme Court of the United States · 1967
  5. Colorado v. BertineSupreme Court of the United States · 1987

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