The description of EMIT addresses limitations on its reliability resulting from the procedure itself and external factors. A survey of due process challenges to EMIT argues that deprivation of a prisoner's liberty based on an unconfirmed EMIT violates that prisoner's right to due process. Due process cannot be satisfied unless a jurisdiction requires an alternate method of confirmation, rather than merely a second EMIT. All EMIT programs can be challenged as a violation of the fourth amendment prohibition against unreasonable searches and seizures. A review of court decisions regarding this issue notes that the U.S. Supreme Court is unlikely to invalidate EMIT programs. The article contends that a more viable fourth amendment challenge would contest selection methods and collection procedures used in the screening tests. 217 footnotes.