Drug Test Suit Appealed

by Gabe Bullard on October 16, 2009

A case out of Louisville involving how urine samples are collected is being appealed.

The plaintiff in the case is a Louisville man who was accused of a crime. He accepted early release on the condition that he submit to occasional drug tests. When a third party company tested him, however, the test’s administrator observed the man urinating, which is the company’s policy.

Plaintiff’s attorney Greg Belzley says the observation violated laws governing strip and cavity searches.

“It was wrong absent some reasonable suspicion, some basis for the testing, the tester or the collector to believe he might try to adulterate or manipulate his sample,” says Belzley.

A federal judge ruled against the plaintiff saying no laws were violated. Belzley is appealing the case and hopes to have a decision by next summer.

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{ 1 comment }

Greg Belzley October 17, 2009 at 11:53 am

I appreciate WFPL’s attention to this topic. Unfortunately, what is not clear from the article is that the drug-testing process in issue required to look directly at the genitals of the person being tested and to watch the urine exiting the body. This testing process thus went well beyond what people have to endure in strip-searches, which the courts have condemned in instances in which there is no individualized suspicion that the person is carrying or concealing contraband. Requiring that someone permit not only observation of their genitalia, but to do so while performing an excretory function goes far beyond what courts have traditionally considered constitutional absent some reasonable, individualized suspicion that the person might tamper with the sample. This is why we filed the lawsuit, and why we are appealing the court’s decision.

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