 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Gunn9/21/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
The State of Indiana appeals the trial court's order granting Darrell Gunn's motion to suppress.
We affirm.
ISSUE
Whether the results of a compulsory employee drug test obtained pursuant to a government employer 's workplace drug testing policy may be used as evidence in a criminal prosecution of the employee .
FACTS
In June 1999, Darrell Gunn was the Chief of the South Bend Police Department. South Bend had in place a contract ("the contract") between the city and the police department which provided in pertinent part as follows:
Any accident, where there is reasonable cause to believe that the same was caused by the Employee operating a city-owned vehicle and which causes $1,500.00 or more in property damage or causing injury to the Employee or other individual will be required to submit to a saliva, hair, urine, breath and/or blood test or any other similar testing method to determine if drugs, alcohol or [other] metabolites are in the Employee's system. (R. 389).
According to the terms of the contract, if requested, the employee will sign a consent form authorizing the hospital to release the results of the test to the City. However, the employee is not required to waive any claim or cause of action under the law. In addition, any employee who refuses to submit to such tests for drugs or alcohol may be subject to discharge. The testing policies and procedures also set forth a specific range of consequences for positive test results. The consequences include specific references to various levels of departmental disciplinary actions.
On June 6, 1999, Gunn was involved in a collision with another vehicle while he was driving a city-owned vehicle. There was more than $1,500.00 in property damage. South Bend Police Captain Terry Young responded to the accident and immediately transported Gunn to St. Joseph's Regional Medical Center for the sole purpose of a breath test pursuant to the terms of the contract. Young told Gunn that he was being taken to the medical center to comply with the contract. Young did not observe any signs that Gunn was intoxicated. Therefore, he did not perform any field sobriety tests on Gunn, and he did not read Gunn the implied consent warning.
South Bend Police Department Division Chief Brent Hemmerlein heard about the accident and went to the medical center. Hemmerlein met with Gunn and asked him to submit to the drug test pursuant to the terms of the contract. Hemmerlein did not observe any signs that Gunn was intoxicated, and the only reason that he asked Gunn to submit to the test was to comply with the contract.
Hemmerlein and Gunn filled out and signed two forms used to administer and execute the contractual drug testing policy. The first form, entitled "City of South Bend Police/Fire Departments Drug/Alcohol Test Notification Form," provided a checklist of reasons for the testing, including the following options: "reasonable suspicion," "random," "post-accident" and "follow-up." (R. 397). Hemmerlein checked the "post-accident" box. (R. 397). The second form, entitled "Employer's Authorization for Treatment" identified the reason for the test as "post-accident." (R. 398). At the time that the test was administered, Hemmerlein believed that the test results would remain confidential. Testimony of the witnesses and hospital records do not indicate or support that Gunn appeared to have been intoxicated at the time of the accident or immediately thereafter.
Diane Buford administered Gunn's breathalyzer test. She was asked to adminis
Page 1 2 3 4 Indiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|