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McCLOSKEY v. HONOLULU POLICE DEPT.

No. 14221.

799 P.2d 953 (1990)

Shanda L. McCLOSKEY, Plaintiff-Appellant, v. HONOLULU POLICE DEPARTMENT; Douglas G. Gibb, Individually and in His Capacity as Chief of Police of the Honolulu Police Department; Frank Sua, Individually and in His Capacity as Major of Internal Affairs of the Honolulu Police Department; Robert Harper, Individually and in His Capacity as Major of Personnel of the Honolulu Police Department; Frank F. Fasi, Mayor of the City and County of Honolulu; City and County of Honolulu, Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Business Entities Partnerships 1-10; Doe Unincorporated Organizations 1-10; and Doe Governmental Agencies 1-10, Defendants.

Supreme Court of Hawaii.

October 25, 1990.

Attorney(s) appearing for the Case

Elizabeth Jubin Fujiwara (Ronald T. Fujiwara, of counsel, Fujiwara & Fujiwara and Christine Kurashige, with her on the briefs), Honolulu, for plaintiff-appellant.

Jonathan Chun, Deputy Corp. Counsel, Office of Corp. Counsel, City and County of Honolulu, Honolulu, for defendants-appellees.

Daniel R. Foley, Honolulu, on the brief, for amicus curiae American Civil Liberties Union of Hawaii Foundation.

Before LUM, C.J., and PADGETT, HAYASHI and WAKATSUKI, JJ., and TANAKA, Intermediate Court of Appeals Associate Judge, in Place of MOON, J., disqualified.

LUM, Chief Justice.

This court is called upon to decide whether the drug testing program of the Honolulu Police Department (HPD) violates the Hawaii Constitution. We conclude that neither the right to privacy of article I, section 6, nor the right to be free of unreasonable searches of article I, section 7, is infringed upon by the HPD's program of urine testing.

I.

Plaintiff-Appellant Shanda McCloskey (Appellant) has been a police officer since...

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