LOVE, John P. Jr. 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

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UNITED STATES OF AMERICA; * 

UNITED STATES COAST GUARD * 

vs. 

* * * Merchant Mariner's Document No.: * 

T 040 82 4061 * 

* 

* * 

Issued to: * 

JOHN P. LOVE, JR. * 

Respondent * 

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DOCKET NO. CG S&R 99-0187 

Case No. PA 99001173 

DECISION AND ORDER 

H. J. GARDNER 

United States Administrative Law Judge 

FOR THE GOVERNMENT 

E. F. MICAL, CWO, USCG 

Portland, Maine 

FOR THE RESPONDENT 

LAWRENCE I. KIERN, ESQ. 

Counsel for the Respondent 

Washington, D.C. 
LOVE, John P. Jr. 

On 09 September 1999, the Investigating Officer assigned to the Marine Safety 

Office, Portland, Maine served a complaint on the Respondent for an alleged USE OF A 

DANGEROUS DRUG under 46 CFR 7704 (c). Counsel for the Respondent filed a 

Motion to Dismiss or in the alternative Motion for Summary Decision and Motion for an 

Expedited Hearing. The Investigating Officer filed a reply to the Respondent's motions 

and a Motion for Pre-Hearing Telephonic Conference. 

In view of the disposition made of this case, only the first motion by the 

Respondent will be considered. 

On the early morning of 28 April1999, the Maine Maritime Academy in Castine, 

Maine authorized the search of the Respondent's room for the use of "bottle rockets" 

fireworks that were being made at the Academy. Security Officers at the Academy 

searched the Respondent's room ordered by the Executive Director of Student Services. 

Contrary to Academy policy, the search was conducted with the Respondent having been 

ordered out of the room. During the search, the Academy official found no evidence of . any fireworl{S or "bottle rockets", but found an eyeglass case and heirloom tobacco pipe 

and a reagent field test was done of the eyeglass case. The Academy originally contended 

that the field test was positive for marijuana. A second search was performed and a 

tobacco pipe was found and brought to the Security Office for testing. A field test was 

performed on the residue in the pipe and the contents tested positive for marijuana. The 

Academy official ordered the Respondent to submit to a "reasonable cause" chemical test 

for dangerous drugs pursuant to 46 CFR, Section 16.250 which allegedly tested positive 

for marijuana metabolites. The Academy's original search authorization was for 

"fireworks/bottle rockets". 

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LOVE, John P. Jr. 

Based solely on the results of the improperly documented field tests the Academy 

officials then ordered the Respondent to submit to a urine sample for a "reasonable 

cause" chemical test. The Respondent refused to provide a sample. A security guard then 

escorted the Respondent to the Academy's Commandant of Cadets who told the 

Respondent that illegal drugs had been found in his room and that if he did not submit 

to a chemical drug test he would be summarily dismissed. The test was positive for 

marijuana and the Respondent was dismissed from the Academy. Following his 

dismissal from the Academy the Respondent appealed the action to the Academy's 

President, Leonard Tyler. As part of that appeal, the Respondent asked the Academy to 

test the eyeglass case and tobacco pipe found in his room at an independent laboratory. 

The Academy submitted the evidence to the Maine State Police Laboratory for testing and 

"no evidence of drugs at all was found." On 10 June 1999, based on the results of the 

Maine State Police Laboratory findings that indicated they were unable to find any traces 

ofTHC in either the pipe or glasses case, the Respondent's appeal was granted and he was 

reinstated as a student at the Academy. At that point the President of the Maine 

Maritime Academy wrote a letter to the Coast Guard in Portland, Maine describing the 

incident that led to them conducting the urinalysis and indicated that a re-test of the 

items by the Maine State Crime Lab did not confirm the earlier test results. The 

President reassured the Coast Guard that the request for urinalysis did not result from 

any observation by Academy personnel that the Respondent was impaired in any way and 

he was not suspected of use of dangerous drugs. 

The search of the Respondent's room was not based on any suspicion or probable 

cause that he was using dangerous drugs, nor should the search of the Respondent's room 

have been·conducted with the Respondent's absence. No evidence of any use of drugs was 

found during the search. There was no reasonable basis to believe that there were drugs 

in the Respondent's room. In any event, any event derived from an unreasonable search 

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LOVE, John P. Jr. 

of the Respondent's dormitory room cannot be used as a basis for a "reasonable cause" 

test. 

The Academy apparently recognized the unreasonable search of the Respondent's 

room and tried to amend the situation in the President's letter to the Respondent on June 

10, 1999 and so notified the United States Coast Guard. 

The only appropriate order to be issued is that of DISMISSAL. 

Based on the foregoing, the complaint issued on the Respondent on September 9, 

1999, should be and is hereby DISMISSED 

Dated this 27th day of OCTOBER 1999, at Long Beach, California. 

Administrative ~:~~R Law Judge 

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