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NCJ Number: 169249 Find in a Library
Title: Drug Testing of Federal Arrestees Is Unconstitutional (From Illegal Drugs, P 71-74, 1998, Charles P. Cozic, ed. - See NCJ-169238)
Corporate Author: National Assoc of Criminal Defense Lawyers (NACDL)
United States of America
Date Published: 1998
Page Count: 4
Sponsoring Agency: Greenhaven Press
Farmington Hills, MI 48333-9187
National Assoc of Criminal Defense Lawyers (NACDL)
Washington, DC 20036
Sale Source: Greenhaven Press
P.O. Box 9187
Farmington Hills, MI 48333-9187
United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This chapter presents arguments against the executive order that mandates drug testing of Federal arrestees.
Abstract: The executive order that mandates drug testing of Federal arrestees violates Fourth Amendment rights protecting them against unreasonable searches as well as their right to privacy. Under this directive, prisoners could unjustly be denied bail if they refuse to submit to drug tests. Thus the proposed order also violates arrestees' constitutional rights under the Eighth Amendment, which generally guarantees bail for persons detained by the government. The order also lacks plausible connection to the legitimate goals of actual statutory authority on which it might purportedly be based, and so violates fundamental due process under the Fifth Amendment. The order will result in numerous time-consuming cases in which citizens raise valid claims that they have been victimized by an unconstitutional policy generally and "false positive" testing results have deprived them of their rights and liberties. Even as a matter of mere pragmatism, there is no room in already over-burdened courts for them to deal with this type of policy and its consequences.
Main Term(s): Controlled Substances
Index Term(s): Bail discrimination; Bail/Financial Release; Bill of Rights; Constitutional Rights/Civil Liberties; Courts; Drug abuse; Drug Policy; Equal Protection; Federal drug laws; Right of privacy
Note: DCC
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