drug test in Louisiana

31 Louisiana opinions name it 2 courts 1983–2024 3 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

Case	Followed	Cited
Banks v. Dept. of Public Safety & Corr.green lactapp · 1992 · cited in 2 Louisiana opinions naming this issue, 1994–2024 2 sentences 2024Banks v. Department of Public Safety and Corrections, 598 So.2d 515, 518 (La.App. 1st Cir.1992). 1994Banks v. Department of Public Safety and Corrections, 598 So.2d 515, 518 (La.App. 1st Cir. 1992).	2	2
Commonwealth v. Verdegreen mass · 2005 · cited in 2 Louisiana opinions naming this issue, 2010–2010 2 sentences 2010See Commonwealth v. Verde, 444 Mass. 279 , 827 N.E.2d 701, 706 (2005) (approving certificate prepared by University of Massachusetts Medical School reporting that substance seized from defendant was cocaine; public records are admissible despite objection under confrontation clause; such material has “little kinship to the type of hearsay the confrontation clause intended to exclude,” and Crawford made exception for business and public records). 2010See Commonwealth v. Verde, 444 Mass. 279 , 827 N.E.2d 701, 706 (2005) (approving certificate prepared by University of Massachusetts Medical School reporting that substance seized from defendant was cocaine; public records are admissible despite objection under confrontation clause; such material has “little kinship to the type of hearsay the confrontation clause intended to exclude,” and Crawford made exception for business and public records).	2	2
Murray v. Department of Policegreen lactapp · 1998 · cited in 2 Louisiana opinions naming this issue, 2000–2005 2 sentences 2005Blappert v. Department of Police, 94-1284, pp. 5-6 (La.App. 4 Cir. 12/15/94), 647 So.2d 1339, 1343 ; Murray v. Department of Police, 97-2650, p. 9 (La.App. 4 Cir. 5/27/98), 713 So.2d 838, 843-844 ; Guggenheim v. New Orleans Police Department, 99-2804, p. 4 (La.App. 4 Cir. 7/12/00), 773 So.2d 752, 754 . 2000Consequently, “the chain of custody becomes the critical issue and must be proved by the appointing authority with great care.” Murray v. Department of Police, 97-2650 (La.App. 4 Cir. 5/27/98) , 713 So.2d 838, 843 (quoting Blappert, 647 So.2d at 1343 ).	1	2
Alonzo v. Stategreen la · 2005 · cited in 1 Louisiana opinions naming this issue, 2022–2022 2 sentences 2022App. 4 Cir. 11/23/04) 891 So.2d 9 , which affirmed the CSC’s decision to reverse the NOPD’s disciplinary action to suspend the officer for one day for failing to submit a report for an “accident” and submit to a drug test. 2022After an investigation was conducted, the NOPD issued a letter that the officer violated NOPD policy requiring that an officer report an accident to his supervisor and submit to a drug test.3 The CSC found that NOPD’s use of the term “accident”, which was not defined by the NOPD, was overly broad and contrary to the Civil Service Rules, which specifically define “accident” and “near miss” relative to substance abuse testing.4 The CSC concluded that the touching of bumpers did not constitute an 3 NOPD Chapter 13.21 “relative to Substance Abuse Testing; Failure to Report an Accident” provided th	1	1
State in Interest of Prestridgegreen lactapp · 1975 · cited in 1 Louisiana opinions naming this issue, 2016–2016 1 sentence 2016See State, in the Int. of Prestridge, 323 So.2d 868 (La.App. 2d Cir.1975); State, in the Int. of Garza, 388 So.2d 458 (La.App. 2d Cir.1980); State, in the Int. of Rotolo, 361 So.2d 468 (La.App. 4th Cir.1978); State in the Int. of Clark, 400 So.2d 334 (La.App. 4th Cir. 1981); State ex rel.	1	1
Kennedy v. Camellia Garden Manorgreen lactapp · 2003 · cited in 1 Louisiana opinions naming this issue, 2012–2012 1 sentence 2012See Kennedy v. Camellia Garden Manor, 02-1027 (La.App. 3 Cir. 2/5/03) , 838 So.2d 99 . 14Romero concedes that the drug test was administered at the emergency room pursuant to Circle A Farm’s drug policy.	1	1
State v. Juniorsgreen la · 2005 · cited in 1 Louisiana opinions naming this issue, 2010–2010 1 sentence 2010Compare Juniors, 915 So.2d at 327 (“However, when the drug test form from the independent laboratory was presented to the witness for identification, she acknowledged that report was generated by the independent laboratory ...	1	1
State v. Lacourgreen la · 1981 · cited in 1 Louisiana opinions naming this issue, 2000–2000	1	1
Malek v. Yekani-Fardgreen la · 1982 · cited in 1 Louisiana opinions naming this issue, 2000–2000	1	1
State v. Neislergreen la · 1994 · cited in 1 Louisiana opinions naming this issue, 2000–2000	1	1
National Treasury Employees Union v. Von Raabgreen scotus · 1989 · cited in 1 Louisiana opinions naming this issue, 1992–1992	1	1
Deborah D. Timm and Robert H. Timm, Jr., Husband and Wife v. The Upjohn Companygreen ca5 · 1980 · cited in 1 Louisiana opinions naming this issue, 1983–1983	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (33)

Case	Cited	Years
Blappert v. Dept. of Police red lactapp · 1994 2 sentences 2008Blappert v. Department of Police, 94-1284, p. 5 (La.App. 4 Cir. 12/15/94), 647 So.2d 1339, 1343 . 2005Blappert v. Department of Police, 94-1284, pp. 5-6 (La.App. 4 Cir. 12/15/94), 647 So.2d 1339, 1343 ; Murray v. Department of Police, 97-2650, p. 9 (La.App. 4 Cir. 5/27/98), 713 So.2d 838, 843-844 ; Guggenheim v. New Orleans Police Department, 99-2804, p. 4 (La.App. 4 Cir. 7/12/00), 773 So.2d 752, 754 .	4	1998–2008
State v. Church green la · 1989 2 sentences 2024State v. Church, 538 So.2d 993 (La.1989). 1992The Penny court went on to indicate that an individual should know he must take a drug test and should also be aware of the procedures followed in administering the test and should not simply be "subject to the discretion of the official in the field." The subject of random testing by a licensing agency was fully discussed by the Louisiana Supreme Court in State of Louisiana v. Victor Church, 538 So.2d 993 (La.1989).	2	1992–2024
Richard v. Lafayette Fire & Police Civil Service Board green la · 2009 1 sentence 2024“Because constitutional rights are implicated, the appointing authority has the burden of establishing 6 reasonable suspicion existed before a drug test was ordered.” Id., 08-1044, 08- 1623, p. 13, 8 So.3d at 517 .	1	2024–2024
Safford v. Department of Fire green lactapp · 1993 1 sentence 2024The facts of the case sub judice case are similar to those presented in Safford v. Dep’t of Fire, 627 So.2d 707 (La.	1	2024–2024
State v. Quinn neutral lactapp · 2013 1 sentence 2022Id., 2012-0689, p. 16, 123 So.3d at 330 .	1	2022–2022
Resweber v. Haroil Const. Co. green la · 1995 1 sentence 2017However, as the Louisiana Supreme Court explained in Resweber v. Haroil Const. Co., 94-2708 (La. 9/5/95), 660 So.2d 7 , 14, La.	1	2017–2017
State in Interest of Clark green lactapp · 1981 1 sentence 2016See State, in the Int. of Prestridge, 323 So.2d 868 (La.App. 2d Cir.1975); State, in the Int. of Garza, 388 So.2d 458 (La.App. 2d Cir.1980); State, in the Int. of Rotolo, 361 So.2d 468 (La.App. 4th Cir.1978); State in the Int. of Clark, 400 So.2d 334 (La.App. 4th Cir. 1981); State ex rel.	1	2016–2016
State ex rel. Rotolo green lactapp · 1978 1 sentence 2016See State, in the Int. of Prestridge, 323 So.2d 868 (La.App. 2d Cir.1975); State, in the Int. of Garza, 388 So.2d 458 (La.App. 2d Cir.1980); State, in the Int. of Rotolo, 361 So.2d 468 (La.App. 4th Cir.1978); State in the Int. of Clark, 400 So.2d 334 (La.App. 4th Cir. 1981); State ex rel.	1	2016–2016
State ex rel. of Garza neutral lactapp · 1980 1 sentence 2016See State, in the Int. of Prestridge, 323 So.2d 868 (La.App. 2d Cir.1975); State, in the Int. of Garza, 388 So.2d 458 (La.App. 2d Cir.1980); State, in the Int. of Rotolo, 361 So.2d 468 (La.App. 4th Cir.1978); State in the Int. of Clark, 400 So.2d 334 (La.App. 4th Cir. 1981); State ex rel.	1	2016–2016
Bandy v. Bandy green lactapp · 2007 1 sentence 2015In support, she cites Bandy v. Bandy, 07-849, pp. 9-10 ,(La.App. 3 Cir. 12/5/07), 971 So.2d 456, 461-62 , wherein this court held: More specifically, without authentication and a proper foundation, the drug test results should have been excluded as hearsay under Article 803(6) of the Code of Evidence, and the police reports should have been excluded under Article 803(b)( [i])....	1	2015–2015
Council of City of New Orleans v. Washington green la · 2009 1 sentence 2010“The well-settled jurispru *494 dence of this court establishes that as a general matter, appellate courts will not consider issues raised for the first time, which are not pleaded in the court below and which the district court has not addressed.” Council of City of New Orleans v. Washington, 09-1067, p. 3 (La.5/29/09), 9 So.3d 854, 856 .	1	2010–2010
State v. Malone green la · 1981 1 sentence 2010State v. Drane, *552 supra; State v. Malone, supra. The officers in this matter had a valid arrest warrant for Angel who was placed on probation for possession of CDS and subsequently failed a drug test.	1	2010–2010
Porche v. S & M CONST. green lactapp · 1998 1 sentence 2006See: Porche v. S & M Const., 97-923 (La.App. 5 Cir. 4/15/98) , 711 So.2d 429 .	1	2006–2006
Forrester v. New Orleans Iron Works green lactapp · 2004 1 sentence 2006In Forrester v. New Orleans Iron Works, 03-1194 (La.App. 5 Cir. 2/23/04) , 869 So.2d 216 , this Court found the plaintiff successfully rebutted the presumption that intoxication caused the accident.	1	2006–2006
Guggenheim v. New Orleans Police Department neutral lactapp · 2000 1 sentence 2005Blappert v. Department of Police, 94-1284, pp. 5-6 (La.App. 4 Cir. 12/15/94), 647 So.2d 1339, 1343 ; Murray v. Department of Police, 97-2650, p. 9 (La.App. 4 Cir. 5/27/98), 713 So.2d 838, 843-844 ; Guggenheim v. New Orleans Police Department, 99-2804, p. 4 (La.App. 4 Cir. 7/12/00), 773 So.2d 752, 754 .	1	2005–2005
State v. Sussmann green la · 1979 1 sentence 2004State v. Lassai, supra; State v. Sussmann, supra; State v. Fields, supra. In reaching this conclusion, we note that the defendant, who was present at the hearing, gave no testimony disputing the drug test.	1	2004–2004
State v. Lassai green la · 1978 1 sentence 2004State v. Lassai, supra; State v. Sussmann, supra; State v. Fields, supra. In reaching this conclusion, we note that the defendant, who was present at the hearing, gave no testimony disputing the drug test.	1	2004–2004
State v. Taylor green la · 1996 1 sentence 2002Further, at the time of trial, A.R. had six children ranging in age from nine-months-old to ten-years-old. [4] State v. Taylor, 93-2201 (La.2/28/96), 669 So.2d 364, 375 , cert. denied, 519 U.S. 860 , 117 S.Ct. 162 , 136 L.Ed.2d 106 (1996). [5] Id. at 368.	1	2002–2002
Garner v. United States green scotus · 1996 1 sentence 2002Further, at the time of trial, A.R. had six children ranging in age from nine-months-old to ten-years-old. [4] State v. Taylor, 93-2201 (La.2/28/96), 669 So.2d 364, 375 , cert. denied, 519 U.S. 860 , 117 S.Ct. 162 , 136 L.Ed.2d 106 (1996). [5] Id. at 368.	1	2002–2002
Brewington v. Woodard green scotus · 1996 2 sentences 2002Further, at the time of trial, A.R. had six children ranging in age from nine-months-old to ten-years-old. [4] State v. Taylor, 93-2201 (La.2/28/96), 669 So.2d 364, 375 , cert. denied, 519 U.S. 860 , 117 S.Ct. 162 , 136 L.Ed.2d 106 (1996). [5] Id. at 368. 2002Further, at the time of trial, A.R. had six children ranging in age from nine-months-old to ten-years-old. [4] State v. Taylor, 93-2201 (La.2/28/96), 669 So.2d 364, 375 , cert. denied, 519 U.S. 860 , 117 S.Ct. 162 , 136 L.Ed.2d 106 (1996). [5] Id. at 368.	1	2002–2002
Clement v. Dynasty Transportation, Inc. neutral lactapp · 1999 2 sentences 2002In Clement v. Dynasty Transp., 99-0341 (La.App. 1 Cir. 12/28/99) , 756 So.2d 381 , writ denied XXXX-XXXX (La.4/20/00), 760 So.2d 344 , the employee was entitled to the statutory minimum for workers' compensation benefits, where benefits were impossible to calculate based on evidence in the record, and the testimony revealed that either the employee or employer had records from which the necessary evidence could be obtained. 346 The issue to be resolved by a reviewing court in a workers' compensation case is not whether the trier of fact was right or wrong, but whether the fact-finder's conclu 2002In Clement v. Dynasty Transp., 99-0341 (La.App. 1 Cir. 12/28/99) , 756 So.2d 381 , writ denied XXXX-XXXX (La.4/20/00), 760 So.2d 344 , the employee was entitled to the statutory minimum for workers' compensation benefits, where benefits were impossible to calculate based on evidence in the record, and the testimony revealed that either the employee or employer had records from which the necessary evidence could be obtained. 346 The issue to be resolved by a reviewing court in a workers' compensation case is not whether the trier of fact was right or wrong, but whether the fact-finder's conclu	1	2002–2002
State v. Banks neutral la · 2000 1 sentence 2002In Clement v. Dynasty Transp., 99-0341 (La.App. 1 Cir. 12/28/99) , 756 So.2d 381 , writ denied XXXX-XXXX (La.4/20/00), 760 So.2d 344 , the employee was entitled to the statutory minimum for workers' compensation benefits, where benefits were impossible to calculate based on evidence in the record, and the testimony revealed that either the employee or employer had records from which the necessary evidence could be obtained. *346 The issue to be resolved by a reviewing court in a workers' compensation case is not whether the trier of fact was right or wrong, but whether the fact-finder's conclu	1	2002–2002
Bourque v. Louisiana State Racing Com'n green lactapp · 1992 2 sentences 2002Instead, we confine our review to the question as Arriola has presented it: whether minimal due process standards were met). [7] Arriola bases this argument on the Court of Appeal's holding in Bourque v. Louisiana State Racing Comm'n, 611 So.2d 742 (La.App. 4 Cir.1992) in which the court held that a drug test result collected by a State Chemical Inspector and shipped to a testing laboratory was inadmissible without "any live testimony detailing the actual receipt and testing of the sample at the laboratory." Id. at 744 . 2002Instead, we confine our review to the question as Arriola has presented it: whether minimal due process standards were met). [7] Arriola bases this argument on the Court of Appeal's holding in Bourque v. Louisiana State Racing Comm'n, 611 So.2d 742 (La.App. 4 Cir.1992) in which the court held that a drug test result collected by a State Chemical Inspector and shipped to a testing laboratory was inadmissible without "any live testimony detailing the actual receipt and testing of the sample at the laboratory." Id. at 744 .	1	2002–2002
North Carolina v. Alford green scotus · 1970	1	2000–2000
Price v. City of Bossier City green la · 1997	1	1999–1999
Pena v. Fann green lactapp · 1996	1	1999–1999
Ruddock v. JEFFERSON FIRE CIV. SERV. BD. green lactapp · 1997	1	1998–1998
Essex v. Parkway & Park Commission neutral lactapp · 1994	1	1996–1996
Mcdonell v. Hunter green ca8 · 1987	1	1992–1992
Fraternal Order Of Police, Lodge No. 5 v. Kevin M. Tucker green ca3 · 1989	1	1992–1992
Ajlouny v. United States green scotus · 1981	1	1983–1983
Kiss v. Monmouth County Welfare Board green scotus · 1981	1	1983–1983
Hanshaw v. California green scotus · 1981	1	1983–1983

Statutes the citing opinions construe

LA § La. Rev. Stat. § 12 (5) LA § La. Rev. Stat. § 14:41 (3) LA § La. Rev. Stat. § 14:42 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 171 (1984–2026) NY 102 (1987–2026) PA 67 (1989–2026) CA 57 (1991–2026) OH 46 (1994–2025) IL 40 (1978–2026) MA 31 (1986–2023) LA 31 (1983–2024) GA 27 (1973–2026) NM 27 (1993–2025) FL 23 (1991–2023) IN 23 (1993–2020) AR 22 (1989–2019) AZ 21 (1976–2026) NJ 21 (1989–2026) TN 20 (2000–2025) WA 16 (1997–2020) NC 16 (1998–2023) MS 15 (1991–2024) UT 15 (2009–2025) AL 15 (1975–2017) IA 14 (1969–2025) MD 14 (1988–2024) MO 14 (1979–2024) ME 11 (1995–2023) OK 10 (1991–2024) MI 9 (2000–2025) CO 9 (1993–2022) AK 8 (1977–2024) KS 8 (1995–2024) DC 8 (1991–2026) VA 8 (1995–2024) WV 7 (1991–2025) CT 7 (1998–2021) SC 6 (2002–2018) ID 6 (2006–2024) MT 5 (1984–2018) WI 5 (1991–2021) KY 4 (2000–2019) MN 4 (2008–2024) NV 4 (1991–2019) WY 4 (1990–2016) NE 4 (2008–2022) ND 3 (1987–2015) DE 3 (2016–2025) OR 3 (1991–1992) HI 2 (2006–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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