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Free «Drug Testing Cases» Essay Sample

Drug searching is conducted according to the rules of the Forth Amendment. It means that law enforcement must receive a warrant from a court of law for a lawful search. However, there are exceptions when this written permission is not required and search can be lead without it. Those cases are decided under the “special needs beyond normal law enforcement doctrine” (Kilman & Costello, 2006).

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According to the National Treasure Employees Union, “the objective of the search is not for law enforcement purposes but for other reasons such as public safety or ensuring the integrity of sensitive government positions” (American Civil Libreties Union, 2002). Employees have to be tested and searched for drugs if they are promoting to the positions that are connected with inhibition of illegal drugs or when they are required to carry firearms. In this case law enforcement does not need a written permission as this exception is already fixed in the Forth Amendment. Those requirements for drug search are regulated and employees do not have a right to appeal against it or to refuse to make it.

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There are many school drug testing cases. One of them is Vernonia School District v. Acton, 515 U.S. 646 case. According to it, students that want to take part in interscholastic athletics are required to consent to drug testing. Such search does not need a warrant and is proved by factors that athlete drug taking was the most widespread at schools. Moreover, athletes have to be tested carefully physically to prevent any risk of immediate physical harm and for drug users it is even more dangerous.

 
 
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Another case of an unsuspicious drug testing is determined by Supreme Court and is designed to test railroad employees that were somehow connected with constitutional accident under the Fourth Amendment. The given reason is that they can cause “great human loss before any signs of impairment become noticeable to supervisors or others” (American Civil Liberties Union, 2002). Employees that reject to be tested do not have a right to continue working  on the railway.

There are a lot of cases when law enforcement does not need a written permission for conducting a drug test. They are all regulated in the exception section of the Fourth Amendment and can not be rejected from anyone as it is essential for public safety and health.

   

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