Reasonable suspicion, public employee, refusal, policy and procedure, safety.

Robert Miller, a former deputy with the Vanderburgh County Sheriff's Department, appeals a lower court's ruling concerning his suit against his former employer. Supervisor's on the sheriff's courthouse security detail became concerned about Miller's excessive absenteeism and tardiness. The sheriff ordered Miller to submit to a drug test. Miller refused to comply with the order and was suspended. A department merit board subsequently dismissed him. Miller filed an appeal.

A Vanderburgh County Circuit Court ruled that the sheriff acted upon reasonable suspicion and was justified in ordering the drug test, even though the department had no established drug-testing policy. Miller now appeals.

Miller loses. The Indiana Court of Appeals, First District, affirmed the lower jurisdiction's ruling to uphold Miller's dismissal. The court ruled that public safety outweighed Miller's expectations for work-related privacy.