NCJ Number
155855
Journal
Police Liability Review Volume: 3 Dated: (Spring 1991) Pages: 1-4
Date Published
1991
Length
4 pages
Annotation
A recent survey of 33 large police departments found that 73 percent conduct drug screening tests of applicants and that nearly all have written drug testing policies and procedures; nonetheless, police departments must consider certain legal issues associated with drug testing.
Abstract
Most lower court decisions dealing with the right against unreasonable search and seizure have ruled that drug testing constitutes search and seizure and is protected by the 4th and 14th amendments. Although a separate and well-established constitutional right, the right to privacy is often discussed in the context of search and seizure cases. The right to due process, to include procedural and substantive due process, is also important in drug testing. Other constitutional rights that may be infringed by drug testing are the right to equal protection and the right against self-incrimination. Government interest in the testing of police officers and the level of proof needed to search are discussed, and measures police departments can take to incorporate safeguards in drug testing and avoid litigation are identified. 19 notes