NCJ Number
125288
Journal
Denver University Law Review Volume: 67 Issue: 1 Dated: (1990) Pages: 91-108
Date Published
1990
Length
17 pages
Annotation
This note examines fourth amendment protections regarding drug testing in the workplace.
Abstract
The most recent Supreme Court decisions upholding government workplace drug testing are examined in light of their weakened prohibitions against searches without warrants or individualized suspicion. The court justified those weakened prohibitions when employment is in law enforcement or safety-sensitive jobs. A background analysis of fourth amendment protections is provided to demonstrate the trend toward such protections, and a historical examination of specific drug testing cases reveals exceptions to the general prohibition against unreasonable searches and seizures. Reasonable suspicion, random selection, and administrative exceptions are discussed, and recent Supreme Court decisions are reviewed to illustrate the broadening realm of legal drug testing. The war on drugs is used as a justification for the weakening of fourth amendment protections. 183 footnotes.