Drug Testing is a Violation of the Fourth Amendment Essay

Drug Testing is a Violation of the Fourth Amendment Essay

Length: 2453 words (7 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview


Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen's right to unreasonable search and seizure's along with jeopardizing one's freedom. Furthermore, Drug testing is not only an unreliable invasion of a person's privacy but it assumes that one is guilty before submitting to the test.
Drug testing began to take place in the mid 1960's when drugs like Marijuana, hallucinogens and other drugs were becoming widespread (Stencel, pp.201). The military implemented mandatory drug testing because of the widespread use and the number of Vets that were returning home because of addiction. Ronald Reagan pushed for employers to implement drug testing and even had himself screened for illegal drugs to encourage employers and to reduce opposition to testing (Stencel, pp. 200). "The increased concern about drug abuse has, in part, been the result of the early 1986 appearance on the streets of crack-a new, powerfully addictive form of cocaine-and the growth of cocaine addiction" (Berger, 12). President Reagan later called for a second "war on drugs" campaign. In October of 1986, President Reagan signed into law a 1.7 billion dollar anti-drug bill, called the "Drug-Free Workplace Order". In addition to the bill, Reagan instructed his cabinet officers to create a plan to begin drug testing for federal civil employees (Berger, 14). Drug testing thus begun a sharp climb into the area of private employers. In November of 1988 Congress passed an Act requiring grant recipient...


... middle of paper ...


.... Berger, Gilda. Drug Testing. New York: Impact book, 1987.
3. Holtorf, Kent. Ur-ine Trouble. Scottsdale: Stephanie Cartozian, 1998.
4. Horgan, J. Test Negative--A look at the "evidence" justifying illicit-drug tests. Scientific American, March 1990; 262(3):18-22.
5. James, Jeannette C. "The constitutionality of federal employee drug testing." The American University Law Review, Fall 1999.
6. Kean, Leslie. "More than a hair off." The Progressive. 63 no.5, 32-34. May 1999.
7. McBay, AJ. Drug-analysis technology-pitfalls and problems of drug testing. Clin Chem. 1987;33:33B-40B.
8. Stencel, Sandra L. Issues for Debate in American Public Policy. Washington D.C.: Congressional Quarterly, 1999.
9. York, Byron. "Fast times at white house high" The American Spectator. V29, pp.20-26. 1999.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Drug Testing For Missouri Welfare Recipients Essay

- On 30 January 2011, the Missouri House of Representatives passed a bill and sent it to the senate that would require drug testing for those receiving state Temporary Assistance for Needy Family (TANF) funds. Funding from food stamps, medicare, and public housing would not be affected by this bill (Keller – House). According to Columbia Tribune reporter Rudi Keller, the bill is very similar to the Arizona law which is the only other state that tests welfare recipients. Missouri and Arizona would use a questionare and interview which would determine which applicants to test....   [tags: Essays on Drug Testing]

Powerful Essays
922 words (2.6 pages)

Random Drug Testing Should NOT Be Allowed in Schools Essay

- The big controversy right now within the government and high schools is whether or not random drug testing should be legal in schools. There are many reasons why it should not be legalized, one reason being it goes against the fourth amendment. Why should we have testing in schools when many major health organizations oppose it. All it will do is make teens turn to other illegal and counterproductive things. These are many reasons why drug testing should not be allowed in high schools. In the Fourth Amendment it states that the rights of the people are to be secured in their persons, houses, papers and effects, against unreasonable searches and seizure....   [tags: Essays on Drug Testing]

Powerful Essays
584 words (1.7 pages)

Essay on Drug Testing in Public Colleges

- Drug testing in public schools is an issue that the courts have had the main role in regulating. The legislative and executive branches don’t give much direction on this issue, which leaves it up to the courts to decide. The issue of public college drug testing is one that has not received much attention because no public college has implemented a drug testing program for students that were not athletes. Linn State Technical College (LSTC), a small college in rural Missouri, broke this precedent and made headlines this year when it implemented a mandatory drug testing program for all students....   [tags: Mandory Drug Testing 2014]

Powerful Essays
1940 words (5.5 pages)

No Right Is Held More Sacred Essays

- “No right is held more sacred, or is more carefully guarded . . . than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” The Fourth Amendment to the United States Constitution guarantees the right of people to be free from “unreasonable searches and seizures.” This generally requires law enforcement officers to get a warrant from a judge or magistrate before searching or seizing an individual – but there are many exceptions to this rule....   [tags: Fourth Amendment to the US Constitution]

Powerful Essays
1026 words (2.9 pages)

Drug Testing Is Illegal Essay

- Making a person take a drug test violates their Fourth and Fifth Amendment rights under the constitution of the United States of America. Recently, there has been an increase in companies and schools using drug test. Some companies force their employees to submit to a drug test before being hired and randomly while employed. High school sport regulations require that all student athletes give consent to being randomly drug tested. Other schools are going as far as making all students give consent to being randomly drug tested....   [tags: Essays on Drug Testing]

Powerful Essays
939 words (2.7 pages)

Drug Testing Essay

- Drug testing is a laboratory procedure that looks for evidence of drug consumption by analyzing urine, blood, and hair samples. If tested, you must provide a sample in front of an observer to make sure that it is not tampered with. Samples are then sent to a laboratory for analysis, after which the employer is notified of the results (Wodell 1). Exactly who should be subject to the new trend of mandatory drug tests, is the big question being raised among businesses, schools, athletes and federal government employees....   [tags: Essays on Drug Testing]

Powerful Essays
2736 words (7.8 pages)

Making Drug Testing Mandatory for Welfare Essay

- ... People would feel differently about the drug testing for welfare if there was suspicion suspected before doing the test. Drug testing for welfare would be a smart and effective way to help satisfy the people who completely disagree with welfare for various reasons, but particularly those who worry that welfare may be using hard earned money to perpetuate not only one person’s drug habit, but an entire drug business in their own towns. Many people feel that they are working hard just so people can take the easy way out in life when it comes to the idea of the program to begin with, let alone once the suspicion of drug use comes into play....   [tags: unconstitutional, pros and cons]

Powerful Essays
1383 words (4 pages)

Drug Testing Should Be Banned From Sports Essay

- Athletes and Drugs There are many reasons behind drug testing athletes in schools and leagues. The tests screen for drugs that are either legally banned or banned from sports. These could include marijuana, cocaine, heroin, acid, hGH, and other performance enhancing drugs. Drug testing student athletes is not intended to be a punishment. Rather, it is a way to keep students safe, get them help, and keep the games fair and untarnished. Some may say that drug testing athletes is unconstitutional as a violation of personal rights stated in the fourth amendment....   [tags: Drug addiction, High school, Drugs in sport]

Powerful Essays
1163 words (3.3 pages)

Essay Why Should Drug Testing Be Mandatory Illegal Drugs?

- Can we continue to support individuals who abuse their welfare benefits. Public assistance programs created during the 1930’s that have provided a safety net for people living below the federal poverty level are currently being manipulated by drug addicts and alcoholics. Chemical dependency screenings and monthly account audits are needed to hinder the irrational spending of supporting a welfare recipient who misappropriates tax payer funds to purchase illegal drugs or alcohol. I believe drug testing should become mandatory to strengthen the integrity, accountability, and health of our welfare program in America....   [tags: Drug addiction, Addiction, Drug, Heroin]

Powerful Essays
723 words (2.1 pages)

Drug Testing Welfare Recipients Essay

- ... Florida Department of Children and Families, the US Court of Appeals for the Eleventh Circuit ruled that “suspicion less drug testing of welfare recipients is unconstitutional” and violates a citizens Fourth Amendment rights (Verneen, 2013). Applicants are required to pay for a urinalysis, if they have a positive result then they are disqualified from the program for a year (Verneen, 2013). If they pass the drug screen then they are reimbursed for the cost of the test (Verneen, 2013). This is a violation against the Doctrine of Unconstitutional Conditions because the applicant is being forced to consent to a drug screen in order to qualify for welfare (Verneen, 2013)....   [tags: unconstitutional, substance abuse]

Powerful Essays
1502 words (4.3 pages)