NCJ Number
109668
Journal
Boston University Law Review Volume: 67 Issue: 3 Dated: (May 1987) Pages: 475-505
Date Published
1987
Length
31 pages
Annotation
This paper describes the scientific theory behind the enzyme multiplied immunoassay technique (EMIT) for detecting marijuana use, analyzes due process and fourth amendment issues raised by EMIT screening programs in prisons, and proposes guidelines for a drug-testing program that would satisfy States' security interests and prisoners' constitutional interests.
Abstract
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.