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NCJRS Abstract

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NCJ Number: 120158 Find in a Library
Title: Constitutional Concerns in Drug Testing (An Outline)
Journal: Journal of Law and Health  Volume:2  Issue:1  Dated:(1987-1988)  Pages:93-107
Author(s): G J Beggs; M Bennett
Date Published: 1987
Page Count: 15
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This outline, updated through November 21, 1986, provides case law on constitutional issues arising out of employee drug testing.
Abstract: This outline provides an overview of public sector drug testing and reports on a Federal district court holding that the non-consensual taking of urine by the government constitutes search and seizure under the fourth amendment to the U.S. Constitution. Neither particularized probable cause nor a warrant are required to conduct a urinalysis of a public employee; instead individualized reasonable suspicion based on objective facts is sufficient. Reasonable suspicion is specified in case law for the following occupations: correctional employees; police officers and clerks; fire fighters; fire officers and communications operators; school bus attendants; bus drivers; public school students; and public school teachers and officials. Exceptions to the requirements of individualized reasonable suspicion are discussed, as are employee consents and waivers to urinalysis, the impact of State constitutional or statutory provisions, objections to the use of test results, defamation resulting from unconfirmed or erroneous drug test reports, and Federal employees' exhaustion of administrative remedies.
Main Term(s): Employee drug testing
Index Term(s): Constitutional Rights/Civil Liberties; Right of privacy; Search and seizure
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