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Anchorage Police Dept. Employees Association v. Municipality of Anchorage6/15/2001
administrative functions. 489 U.S. at 668 (citations omitted). In Skinner, 489 U.S. 602 (1989), the U.S. Supreme Court made it clear that a showing of individualized suspicion is not a constitutional floor below which a search will be deemed unreasonable. It set forth the following framework:
In limited circumstances, where the privacy interests implicated by the search are minimal, and where an important governmental interest furthered by the intrusion would be placed in jeopardy by a requirement of individualized suspicion, a search may be reasonable despite the absence of such suspicion. 489 U.S. at 624.
Thus, in determining the reasonableness of a warrantless search and seizure, a court must determine the nature and extent of the privacy interest, whether there is an important governmental interest at stake, and whether the governmental interest outweighs the privacy interest. This analysis is similar to the one applied to the right to privacy issues. Pursuant to that analysis, this court has determined that suspicionless substance abuse testing does not violate the Fire and Police Department employees' right to privacy. Similarly, the court finds that the Municipality's suspicionless substance abuse testing program does not violate the Fire and Police Department employees' right to be free from unreasonable search and seizure. Likewise, the court finds that the Municipality's drug and alcohol testing program does not violate Plaintiffs' Fourth Amendment or privacy rights under the United States Constitution.
IT IS HEREBY ORDERED that Defendant's motion for summary judgment is GRANTED; and
IT IS FURTHER ORDERED that the Plaintiffs' motions for summary judgment are DENIED.
DATED at Anchorage, Alaska, this 14th day of March, 1997.
Karen L. Hunt Superior Court Judge
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