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Remember, to be lawful, an exigency search must still
be based upon a finding of probable cause. Because
drugs tend to remain in the system in measurable
quantities for some time, it is unlikely that this theory
will be the basis of many urinalysis tests.
Inspections Under Mil.R.Evid. 313
Commanders may order urinalysis inspections just
as they may order any other inspection to determine and
make sure of the security, military fitness, and good
order and discipline of the command.
Urinalysis
inspections may be ordered for the primary purpose of
obtaining evidence for trial by court-martial or for other
disciplinary purposes. This would defeat the purpose of
an inspection and make it a search. Commands may use
a number of methods of selecting service members or
groups of members for urinalysis inspection, including,
but not limited to the following:
. Random selection of individual service members
from the entire unit or from an identifiable segment or
class of that unit.
Random selection is achieved by
making sure each service memher has an equal chance
of being selected each time personnel are chosen.
l Selection, random or otherwise, of an entire
subunit or identifiable segment of a command.
Examples of such groups include an entire department,
division, or watch section; all personnel within specific
paygrades; all newly reporting personnel; or all
personnel returning from leave, liberty, or unauthorized
absence (UA).
l Urinalysis testing of an entire unit. As a means
of quota control, Navy commands are required to obtain
second-echelon approval before conducting all unit
sweeps and random inspections involving more than 20
percent of a unit, or 200 members. Failure to obtain such
approval, however, will not invalidate the results of the
testing.
Service-Directed Testing
Service-directed testing is actually nothing more
than inspections of units expressly designated by the
Chief of Naval Operations (CNO). These include
rehabilitation facility staff; security personnel; A school
candidates; officers and enlisted in the accession
pipeline; and those executing permanent change of
station (PCS) orders to an overseas duty station.
Valid Medical Purposes
Blood tests or urinalyses also may be performed to
assist in the rendering of medical treatment (for
example, emergency care, periodic physical
examinations, and such other medical examinations as
are necessary for diagnostic or treatment purposes). Do
not confuse this with a fitness-for-duty examination
ordered by a service members command.
Fitness-for-Duty Testing
Categories of fitness-for-duty urinalysis testing are
briefly described as follows. Generally, all urinalyses
not the product of a lawful search and seizure,
inspection, or valid medical purpose fall within
fitness-for-duty/comand-directed categories.
Command-directed testing. A command-directed
test will be ordered by a members CO or OIC, or other
authorized individual whenever a members behavior,
conduct, or involvement in an accident or other incident
gives rise to a reasonable suspicion drug abuse and a
urinalysis has not been conducted on a probable cause
or consensual basis. Command-directed tests are often
ordered when suspicious or bizarre behavior does not
amount to probable cause.
Aftercare and surveillance testing. Aftercare
testing is periodic command-directed testing of
identified drug abusers as part of a plan for continuing
recovery following a rehabilitation program.
Surveillance testing is periodic command-directed
testing of identified drug abusers who do not participate
in a rehabilitation program as a means of monitoring for
further drug abuse.
Evaluation testing.
This refers to command-
directed testing when a commander has doubt as to the
members wrongful use of drugs following a
laboratory-confirmed urinalysis result. Evaluation
testing should be conducted twice a week for a
maximum of 8 weeks and is often referred to as a
two-by-eight evaluation.
Safety investigation testing. A CO or any
investigating officer may order urinalysis testing in
connection with any formally convened mishap or
safety investigation.
USES OF URINALYSIS RESULTS
Of particular impportance to the command is what
use may be made of a positive urinalysis. The results of
a lawful search and seizure, inspection, or a valid
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