Turner v. Fraternal Order of Police

500 A.2d 1005, 120 L.R.R.M. (BNA) 3294, 1985 D.C. App. LEXIS 560
CourtDistrict of Columbia Court of Appeals
DecidedNovember 13, 1985
Docket83-1213
StatusPublished
Cited by30 cases

This text of 500 A.2d 1005 (Turner v. Fraternal Order of Police) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. Fraternal Order of Police, 500 A.2d 1005, 120 L.R.R.M. (BNA) 3294, 1985 D.C. App. LEXIS 560 (D.C. 1985).

Opinions

GALLAGHER, Senior Judge:

This is an appeal from an order of the Superior Court of the District of Columbia enjoining enforcement of Paragraph 2 of Special Order 83-21 of the Metropolitan Police Department (“the Department”).1 Appellants Maurice Turner, Jr., Chief of Police, and the District of Columbia contend that the trial court committed error in granting the preliminary injunction and finding Paragraph 2 to be unconstitutional. We agree and reverse.

On March 2, 1983, Chief of Police Maurice Turner, in an effort to enforce the Department’s long-standing policy against the illicit use of narcotics and controlled substances by members of the police force, issued Special Order 83-21. Paragraph 2 of the Order provides that any Department official may order any member of the force to submit to urinalysis testing2 upon suspicion of drug abuse. Such testing may also be mandated at the discretion of a member of the Board of Police and Fire Surgeons. The Special Order further provides that an officer’s refusal to undergo testing, or a “confirmed finding of an illicit narcotic or controlled substance,” results in a proposal for terminating that individual from the Department.

The facts in this case were not developed in the trial court so as to enable a decision in this court on the constitutionality of the regulation as applied to appellee Officer Buie. There was no hearing on the facts and no findings were, or could be, made by the trial court. We will, however, consider the issue of facial constitutionality.

Appellees Buie and the Fraternal Order of Police, Metropolitan Police Department Labor Committee (“FOP”), immediately filed a complaint in the Superior Court seeking declaratory and injunctive relief. They also made an application for a temporary restraining order and filed a motion for a preliminary injunction to enjoin enforcement of Paragraph 2 of the Special Order. The trial court issued the temporary restraining order3 and also prohibited the Department from issuing similar orders pending resolution of the present controversy after a full hearing on the merits.

The trial court conducted a hearing on appellees’ motion for a preliminary injunction. On September 9, 1983, it granted the preliminary injunction and held that Paragraph 2 of Special Order 83-21 was unconstitutional, because:

[I]t provides no guidelines under which such testing referred to in the order may [1007]*1007be ordered or directed, and without such guidelines testing may be ordered under such circumstances as to be unreasonable and, therefore, in violation of the Fourth and Fifth Amendments of the Constitution of the United States.

This appeal followed.

Injunctive relief is an extraordinary remedy and the trial court’s authority to issue such relief should be exercised only when satisfied that the movant has clearly demonstrated the following: (1) a substantial likelihood of success on the merits; (2) irreparable harm that would likely befall him during the pendency of the action; (3) that the denial will cause him more harm than the grant would the defendant; and, in appropriate cases, (4) that the public interest would not be disserved by the issuance of the requested order. Wieck v. Sterenbuch, 350 A.2d 384, 387 (D.C.1976) (footnote citations omitted). Ordinarily appellate review of the grant or denial of injunctive relief is focused on an evaluation of whether the trial court abused its discretion. Stamenich v. Markovic, 462 A.2d 452, 456 (D.C.1983). Where, however, the trial court’s action “turns on a question of law or statutory interpretation, we may reach the merits of the controversy.” Don’t Tear It Down, Inc. v. District of Columbia, 395 A.2d 388, 391 (D.C.1978) (citations omitted); District of Columbia Unemployment Compensation Board v. Security Storage Co. of Washington, 365 A.2d 785, 787 (D.C.1976), cert. denied, 431 U.S. 939, 97 S.Ct. 2651, 53 L.Ed.2d 256 (1977). Since this appeal involves a constitutional challenge to a special order of the Metropolitan Police Department, we elect to review this case on the merits of the controversy.

The question presented on appeal is whether, consistent with the Fourth Amendment,4 the Department for administrative purposes may compel police officers to submit to urinalysis testing based upon “suspected drug use” or “at the discretion” of members of the Board of Police and Fire Surgeons. We conclude that it may.

The Fourth Amendment protects an individual’s reasonable expectations of privacy from unreasonable intrusions by the state. United States v. Chadwick, 433 U.S. 1, 7, 97 S.Ct. 2476, 2481, 53 L.Ed.2d 538 (1977). In determining whether an individual has a reasonable expectation of privacy and whether the governmental intrusions are reasonable, courts have generally weighed the need to seize against the invasion which the seizure entails. See Camara v. Municipal Court, 387 U.S. 523, 534-35, 87 S.Ct. 1727, 1733-34, 18 L.Ed.2d 930 (1967). In striking this delicate balance, our inquiry in this case necessarily focuses upon whether, under these circumstances, a police officer has a legitimate expectation of privacy in his person to this extent and whether the Department’s action would have been unnecessarily intrusive.

Fourth Amendment protections extend only to those areas in which an individual has a “legitimate expectation of privacy.” Rakas v. Illinois, 439 U.S. 128, 143, 99 S.Ct. 421, 430, 58 L.Ed.2d 387 (1978). Each individual’s privacy interest is shaped by the context in which it is asserted. United States v. Thomas, 729 F.2d 120, 123-24 (2d Cir.1984); see also Terry v. Ohio, 392 U.S. 1, 9, 88 S.Ct. 1868, 1873, 20 L.Ed.2d 889 (1968). “What is reasonable in one context may not be reasonable in another.” Committee for GI Rights v. Callaway, 171 U.S.App.D.C. 73, 83, 518 F.2d 466, 476 (1975). Consequently, not all individuals enjoy the same expectation of pri-[1008]*1008vaey and, therefore, not the same degree of Fourth Amendment protection.

Military personnel, for example, have not been accorded Fourth Amendment protection to the same degree as their civilian counterparts. Id. The conditions peculiar to the military community and mission cause the military person’s expectation of privacy to differ from the civilian, rendering certain requirements permissible which would otherwise be unconstitutional. Id. at 81, 518 F.2d at 474; see Parker v. Levy, 417 U.S. 733, 758, 94 S.Ct. 2547, 2563, 41 L.Ed.2d 439 (1974).5

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Bluebook (online)
500 A.2d 1005, 120 L.R.R.M. (BNA) 3294, 1985 D.C. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-fraternal-order-of-police-dc-1985.