October 19, 2007
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A police union went to federal court to challenge a new department
policy to administer chemical breath tests, similar to those
used in drunken-driving stops, to any officers who kill or wound
someone.
Patrolmen's Benevolent Association President Patrick Lynch said
yesterday that the 24,000- member union would challenge the sobriety
tests on constitutional grounds, arguing they violate protections
against unreasonable searches. "There is no reason or justification
to subject an officer who legally fires a weapon ... to the humiliation
and psychological trauma of a mandatory Breathalyzer test," Lynch
said in a statement.
In response, Police Commissioner Ray Kelly said he was standing
by a policy which, according to written order, is meant "to
ensure the highest levels of integrity at the scene of firearms
discharges."
Kelly announced in June that he would adopt the breath-test measure
based on police recommendations to study its undercover operations,
amid community outrage over the police shooting of Sean Bell.
Bell, 23, was killed and two friends were wounded in a 50-bullet
barrage after his bachelor party at a Queens topless bar in November
2006. Some of the undercover officers had been allowed by the
department to consume up to two drinks at the bar to preserve
their cover.