Illinois Police Officer Drug And Alcohol Tests Raise Constitutional Questions

William R Lyman is an Attorney in our Chicago office Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. New Section 1-25 of PCRIA mandates that every law enforcement agency adopt a new written policy requiring an officer to submit to drug and alcohol testing, if 1) the officer discharges his or her firearm during the performance of his or her official duties or in the line of duty, and 2) the discharge causes injury or death. The addition of this mandatory drug and alcohol testing of officers involved in a shooting causing injury or death raises two important constitutional questions for police chiefs and those responsible for administering these tests. In 2015, in the wake of several well-publicized, officer-involved shooting incidents, Illinois enacted the Police and Community Relations Improvement Act (PCRIA) (50 ILCS 727/1-1 et seq.). The Act provides procedures for investigating officers involved in any incident that led to the death of an individual. On Aug. 25, 2017, the state expanded PCRIA to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual.

This Holland & Knight alert examines the amendment and some of the Constitutional questions raised.

The PCRIA Amendment

New Section 1-25 of PCRIA1 mandates that every law enforcement agency adopt a new written policy requiring an officer to submit to drug and alcohol testing, if:

the officer discharges his or her firearm during the performance of his or her official duties or in the line of duty the discharge causes injury or death The new written policy must require that the drug and alcohol testing "be completed as soon as practicable after the officer-involved shooting but no later than the end of the involved officer's shift or tour of duty." 50 ILCS 727/1-25(b)(2).

Constitutional Questions Raised

Given the protections against self-incrimination and unreasonable searches and seizures afforded to individuals in the Fifth and Fourth Amendments to the U.S. Constitution, respectively, the addition of this mandatory drug and alcohol testing of officers involved in a shooting causing injury or death raises two important constitutional questions for police chiefs and those responsible for administering these tests:

Does Section 1-25 run afoul of the U.S...