Drug testing, marijuana, public employees, reasonable suspicion, policy and procedure, search and seizure, privacy

Smith, a former captain with the East Point Fire Department, appeals his termination. City officials initiated a drug testing program after receiving complaints that city workers smoked marijuana in public. The testing policy covered all workers with "police powers." The officials included Smith, a fire investigator, in the pool of test subjects. The city moved to terminate Smith for testing positive for marijuana. The city's personnel board terminated Smith's employment. Smith subsequently filed a petition for a judicial review of his case, claiming the city violated state and federal civil liberties.

A superior court rejected Smith's petition for judicial review. He now appeals.

Smith wins. The Georgia Court of Appeals reversed the lower jurisdictions. The appeals court ruled the city lacked reasonable suspicion when it ordered the employees to submit to urine tests.