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Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Krieg V. Seybold: The Seventh Circuit Adopts A Bright Line In Favor Of Random Drug Testing, Dana E. Lobelle
Seventh Circuit Review
In Krieg v. Seybold, Robert Krieg challenged the City of Marion, Indiana’s, policy of random drug testing as it applied to his job as a heavy-equipment operator in the Department of Streets and Sanitation. While the Fourth Amendment normally would require the City to have a reasonable suspicion that Krieg used drugs before it could require him to submit to a drug test, the Supreme Court has created a “safety” exception to this rule. This exception permits government employers to test certain safety-sensitive employees for drugs without suspicion where a characteristic of the workplace makes suspicion-based testing impractical. The …
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Probationers, Parolees And Dna Collection: Is This "Justice For All"?, Jessica K. Fender
Seventh Circuit Review
In 1994, the DNA Identification Act permitted the government to establish a national database (CODIS) where it could collect DNA samples from those convicted of certain violent crimes. In the last few years, DNA collection statutes have been repeatedly expanded, to the point where some now require samples upon arrest. Not surprisingly, the federal DNA collection statute has been challenged repeatedly on Fourth Amendment grounds. In the Seventh Circuit, this issue was most recently addressed in United States v. Hook, a case in which a white-collar criminal on supervised release challenged the federal DNA collection statute. The court held …