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Article: New Jersey Court Allows Drug Test Search, Finding Reasonable Suspicion.(Brief Article)
- Article from:
- Drug Detection Report
- Article date:
- January 13, 2000
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The drug test of a police officer was based on "reasonable suspicion" because it was not based on a hunch or unparticularized suspicion, held the Superior Court of New Jersey, appellate division.
A drug test performed on a police department is certainly a search that is subject to the requirements of the Fourth Amendment to the U.S. Constitution, the New Jersey court held. But, while probable cause is the general standard for permitting a search, we are here dealing with a 'special governmental need' on the part of the police department and a diminished expectation of privacy on the part of the police officer," the court said.
"The balance struck by ...