The New York City Police Department policy requiring officers who fire a gun that injures or kills a person to immediately take a breathalyzer has withstood a challenge at the U.S. Court of Appeals for the Second Circuit.

Upholding a policy that had its genesis in the Sean Bell shooting death by NYPD undercover officers outside of a Queens nightclub in 2006, the Second Circuit said the police department was acting properly within the “special needs” exception to the Fourth Amendment.