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NYPD Breathalyzers For Cops Involved In Shootings Upheld

By MARK TOOR
Posted 11/25/13

An appeals court has upheld an NYPD policy requiring Breathalyzer tests for all officers involved in a shooting that causes death or injury, rejecting a contention by the Patrolmen’s Benevolent Association that the rule violates cops’ civil rights.

“The Second Circuit correctly recognized the Police Department’s right and obligation to determine an officer’s sobriety whenever his or her gun is discharged and causes injury or death,” said Jane Gross, a Senior Counsel for the city Department of Law. “As the court determined, that is a special need related to the management of the police force and necessary to public confidence in the NYPD.”

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