Drug Testing is a Violation of the Fourth Amendment Essay

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Drug testing in the United States began with the explosive use of illegal drugs, in order to curb drug abuse. This began during the Vietnam War with drug use at a climax. In general, Drug testing is a way to detect illegal drug use and deter it, usually by Urinalysis. Drug testing in the United States violates a citizen's right to unreasonable search and seizure's along with jeopardizing one's freedom. Furthermore, Drug testing is not only an unreliable invasion of a person's privacy but it assumes that one is guilty before submitting to the test.
Drug testing began to take place in the mid 1960's when drugs like Marijuana, hallucinogens and other drugs were becoming widespread (Stencel, pp.201). The military implemented mandatory
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The argument is that the employees are being deprived of their Fourth Amendment protection (22).
Many believe that government testing programs should be unconstitutional unless the authorities have either reasonable suspicion or probable cause that the individuals being tested are on drugs. To justify the use of private employer testing, President Bush said in 1989 that "Drug abuse among American workers costs businesses anywhere from $60 billion to $100 billion dollars a year in lost productivity, absenteeism, drug-related accidents, medical claims, and theft" (Horgan, 19). This claim was derived from a source that interviewed families that were 28% lower in overall income than the average household. This was used in an effort to promote Bush's "war on drugs" forum into the private sector (Horgan, 21). Many behavior's of lower income people often differ statistically from upper-income people, therefore the statement of Bush never establishes a clear or accurate statistic. "In 1989 President George Bush unveiled his National Drug Control Strategy, encouraging comprehensive drug-free workplace policies in the private sector and in state and local government" (Stencel, 201). This created many controversies within the American workplace and in National Treasury Employees Union v. Von Raab decision; the Supreme Court upheld that drug…