Legal Opinion · Dissent

Daryel Garrison v. Department of Justice

Court of Appeals for the Federal Circuit

Decided March 4, 1996No. 95-3466Published

1DissentNewman, Circuit Judge

Fourth Amendment issues concerning drug testing programs have been much litigated, including “reasonable suspicion” drug testing, the issue in this case. The Department of Justice, Bureau of Prisons program governing drug testing of its employees reflects hard-won safeguards of constitutional rights, while pragmatically policing the drug-free workplace. However, the Bureau’s program requirements for reasonable suspicion drug testing were not met for Mr. Garrison, for it is not now disputed that the source of the “derogatory” information was not reliable and that the judicially-imposed,…

2Cases cited20 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Oregon v. ElstadSupreme Court of the United States · 1985
  4. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  5. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920

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