Immediately prior to his termination, Miller served as a court security deputy in the Vanderburgh County Court building. The evidence presented to the Merit Board reveals that as of July 9, 1991, the date of the Merit Board hearing, Miller was a seventeen-year veteran of the Vanderburgh County Sheriff's Department. Did the Sheriff have a reasonable suspicion Miller was using illegal drugs? Therefore, we must also address a third question: The Vanderburgh County Sheriff's Department had no operative drug testing program. We also hold that in the absence of reasonable drug testing procedure, a courthouse security deputy may not be compelled to undergo a urinalysis without a reasonable suspicion of illegal drug use. ![]() We hold a courthouse security deputy may be required to submit to a suspicionless urinalysis so long as the drug testing procedure is reasonably related to the goal of determining illegal drug use. May the Sheriff compel a suspicionless drug test in the absence of a reasonable drug testing procedure? Must the Sheriff have a reasonable suspicion of illegal drug use before he may compel a courthouse security deputy to undergo urinalysis? More precisely, we must address the following questions: Miller's appeal requires us to consider the general issue of under what circumstances a Sheriff may require a courthouse security deputy to undergo urinalysis. ![]() Wilhite, Mary Lee Franke, Kahn, Dees, Donovan & Kahn, Evansville, for appellee-defendant.ĭefendant-appellee Vanderburgh County's Sheriff's Merit Board terminated plaintiff-appellant Robert Miller's employment after Miller, a court security deputy, refused to be tested for illegal drug use. ![]() Keating, Keating & Bumb, Evansville, for appellant-plaintiff. Court of Appeals of Indiana, First District.
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