The 6th Circuit Court of Appeals has overturned a lower court ruling that would have allowed able-bodied employees to use provisions of the Americans with Disabilities Act to challenge a company’s drug testing policy (.pdf). The company wanted to see if drug use was leading to its high accident rate.
The U.S. Supreme Court has ruled that training and testing records support a drug dog’s reliability in establishing probable cause for a search. The dog’s alert was one part of the totality of circumstances that allowed the search to go forward.
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