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.
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” By taking a drug test, a person is being searched and having a sample to be tested seized without probable cause, therefore, companies and schools using a drug test are infringing on the student or employees rights. In South Carolina, a hospital was drug testing pregnant women and reporting the positive results to the police. The Supreme Court found this to be a violation of the Forth Amendment to the U.S. Constitution’s protection against unreasonable search and seizures without probable cause.
There is a very large possibility for an error on a drug test. If a person applying for a job takes a drug test and gets a false positive, this would cause him to not be hired. Also, if a company randomly tests an employ...
In the case Morale v. Grigel, 422 F.Supp 988 (1976), the plaintiff James Morale, who is a student at New Hampshire Technical Institute, room was entered and searched by officials representing the dorm. There was no probable cause for them to enter his room, and while there they seized what they alleged to be “purple haze”. The court ruled that a check or search of a student's dormitory room is unreasonable under the Fourth Amendment unless NHTI can show that the search furthers its functioning as an educational institution. The search must further an interest that is separate and distinct from that served by New Hampshire's criminal law. Obviously, administrative checks of the rooms for health hazards are permissible pursuant to the school's
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
If we don't have an academic degree our privacy gets raped, but if we are able to get a degree America doesn't set up boundaries for us. Although drug testing is an excellent tool to maintain a healthy and safe workplace, it is unfair and unjust to the low wage working class because it targets them. For instance; doctors, surgeons, and even teachers are not required to be drug tested as often as low wage workers.
“Search and Seizure. Suspicionless Drug Testing. Seventh Circuit Upholds Drug Testing of Student Athletes in Public Schools. Schaill v. Tippecanoe County School Corp., 864 F.2d 1309 (7th Cir. 1988).” Harvard Law Review. 103 (Dec. 1989): 591-597.
While employment screening in the healthcare sector is decidedly standard, the law does often not require drug and alcohol testing. Substance abuse is one of the leading causes of disciplinary action against a nursing license in the U.S. Random drug screenings are used to detect the use of unapproved or illegal drugs for the purpose of upholding patient safety (National Council of State Boards of Nursing, 2006). The American Nurses Association (ANA) estimates that six to eight percent of nurses use alcohol or drugs to a degree that would impair professional judgment (National Council of State Boards of Nursing, 2011). Approximately one-third of the one percent of actively licensed nurses are disciplined each year for their substance misconduct (Kenward, 2008). Protecting patients from unsafe practices and personnel is the primary responsibility of each supervisory board of nursing. However, the fear of punishment from the board or termination keeps many nurses unwilling to come forward (Maher-Brisen 2007). The purpose of this paper is to discuss the viability of mandating random drug testing for nurses and other health professionals. The objective of this would be to address the rooted issues of substance abuse and decrease the risk of harm to patients under the healthcare provider’s care.
This disorder is caused by an inherited flaw on one gene (Mayo Clinic, 2010). Individuals in of western European around 1 in 20,000 are born with a gene that causes this disorder. Huntington’s disease is not as much common in areas such as Asia and Africa (Your Genes Your Health, 2012). People all over the world are affect by HD. HD is another way of saying Huntington’s disease. On Figure 1.0 you can see a person who has been affected with HD.
Today, approximately 62% of all employers in the US have a mandatory drug testing program. Drug testing in the workforce has been a very controversial topic ever since. Drug testing should not be in the workplace since it does not measure on the job impairment, does not prevent accidents and is an invasion of privacy. There is no clear evidence that drug testing at work has a significant deterrent effect. Drug testing is not a measure of current intoxication and will reveal information about drug use that can have no impact on safety, productivity or performance.
In many high schools around the country, student athletes are using drugs. “The percent of students that have drunk alcohol is 72.5% while the number of students who have used marijuana is 36.8%” (Report: Nearly Half of High School Students Using Drugs, Alcohol). The students believe that since they are athletes that they do not need to abide by the rules because they feel more superior and that the narcotic will not hurt or affect them. Implementing random drug tests for athletes will create a positive image and not hurt others or themselves. Schools need to have drug tests for student athletes because drugs effect relationships, using drugs have consequences, and lastly they have a major effect on the body.
Some may say that drug testing students is unconstitutional because it is an “invasion of privacy”. This, however, is not true. . . “In 1995, the United States Supreme Court ruled that drug testing for high school athletes was constitutional, and some districts expanded their policies to include middle schools.” I believe allowing schools to drug test athletes was a very positive thing. For many reason, but mainly because athletes who are on drugs have a higher risk of being injured. For example a kid who is on drugs and plays a sporting event has a greater risk of their heart stopping on the field or court. “Drug tests analyze bodily samples such as urine, blood, or hair to detect the presence of legal and illegal drugs.” The most common one is urine testing. I believe urine testing is the best way for high school students, because it does not take as long as some other tests and it is not as costly as other tests. This is especially important because obviously a school does not want to spend money on anything they do not have to. Our school does randomly drug test students every once in a while but only a few of the athletes are chosen to take the test so that really is not helping ...
An example of an issue with mandatory drug testing was the Vernonia School Dist. 47J v. Acton case. In this case the Vernonia School District, which is located in Oregon, requires any student who wants to participate in activities such as athletics, for example football or basketball, to sign consent forms to allow for random drug testing throughout the particular sports season. One testing is at the beginning of the season and during the season every week the students are placed into a “pool” and 10% of the athletes are chosen for random drug testing. What happened in this case was a student by the name of James Acton wanted to play football for his school but in this school district the student and the par...
It is estimated that between .1 and 10 % of people who suffer from Huntington's
The ethics of drug testing has become an increased concern for many companies in the recent years. More companies are beginning to use it and more people are starting more to have problems with it. The tests are now more than ever seen as a way to stop the problems of drug abuse in the workplace. This brings up a very large question. Is drug testing an ethical way to decide employee drug use? It is also very hard to decide if the test is an invasion of employee privacy. “The ethical status of workplace drug testing can be expressed as a question of competing interests, between the employer’s right to use testing to reduce drug related harms and maximize profits, over against the employee’s right to privacy, particularly with regard to drug use which occurs outside the workplace.” (Cranford 2) The rights of the employee have to be considered. The Supreme Court case, Griswold vs. Connecticut outlines the idea that every person is entitled to a privacy zone. However this definition covers privacy and protection from government. To work productively especially when the work may be physical it is nearly impossible to keep one’s privacy. The relationship between employer and employee is based on a contract. The employee provides work for the employer and in return he is paid. If the employee cannot provide services because of problems such as drug abuse, then he is violating the contract. Employers have the right to know many things about their employees.
When employees get hired, they get a drug test due to the fact that the drug testing can prove if the person they are hiring is a good person for their business. For an example “Approximately eighty-one percent of companies in the United States administer drug testing to their employees.” Drug testing also proves that people who passes it are clean and responsible people who the company can trust on doing their job well done and showing overall percentage of the US using drug testing (Chodorow). People who cheat on a drug test and gets a job will later ruin their job of getting into accidents during working and or start a fight with the boss or coworkers unknowingly just because they were high on drugs. That is why companies strive to do drug tests every time they hire an employee now due to the fact that they don’t want to be reliable for an employee who isn’t responsible and trustworthy of their time at their company. Which it will affect the company financially once employees gets hurt on their job. An employee who is not a drug abuser can really benefit a company by not causing trouble for themselves getting hurt in the company and also the business not being reliable for anything that is caused by the employee; who was not responsible. Another example is that reports confirm that 80% of those injured in “serious drug related accidents are innocent coworkers.” And after it began requiring accidents drug
High school students are leaders to younger kids and many others in their community. As a leader these student must show others what good character is like, but instead they are destroying their lives by doing drugs. In the past decade the drug use among high school students is on the rise once again. With the internet, their exposure to drugs is much greater. High school students are convinced that they are able to get away with using drugs. These drug addicts soon influence other students into doing the drugs because there isn’t a rule preventing drug use. In order to protect these student’s future, drug tests must be enforced among all students ensuring a safe environment for students to learn successfully. Allowing random drug testing in high schools will shy away students from trying these harmful drugs. The stop of drug use among high school students is crucial because drugs prevents student from learning leading them to dropping out of high school. Students that become overwhelmed by these harmful drugs will ruin their lives forever, but if steered in the right direction they can be saved.