Dear [I]gCaptain [/I]Members & Perusers-
On Friday, May 15th, the United States Court of Appeals for the District of Columbia decided a case that is styled [I]BNSF v. Dept. of Transportation [/I]that I am sure will have implications for some seamen and Pilots in the future. I tried to attach the opinion but it is over 19.5 KB, so I posted it at my Blog at: http://www.jonesactquestions.com/newsgeneral/generalmaritimenews/178-decision-fourth-amendement-transportation-industry.html
From an academic Constitutional Law perspective, it is a radical departure from 4th Amendment “search” law precedent in that it allows a sanctioned strip search of a U.S. Citizen in the United States (as opposed to entering the country) at the time of giving a urine sample even though there is no justification [B]at that moment[/B] for the strip. The conclusion’s rational is based upon devices being urilized that look like genitalia [Whizzinators] that supply drug free urine so as to pass drug tests.
When juxtapposed to the need to have a drug free workplace in the area of public transportation, the final decision was foreseeable but clearly it is highly intrusive and is now the law of the land. The decision can be appealed to the United States Supreme Court but it is unlikely to be reversed at that level.
I recommend reading it. Also, while you are there please sign up to my Blog as I would greatly appreciate it!
I wish you calm seas.