NCJ Number
118969
Journal
American University Law Review Volume: 38 Issue: 1 Dated: (Fall 1988) Pages: 109-140
Date Published
1988
Length
32 pages
Annotation
Drug abuse in the United States has prompted employee testing programs to detect and prevent the use of drugs in the Federal workplace.
Abstract
The historical perspective on implementing drug testing programs in public employment is reviewed, particularly the Army's drug testing program. The Fourth Amendment safeguards such as search and seizure, warrant requirement, and the reasonableness test, and relevant Federal and State drug testing cases are examined. National Treasury Employees Union v. Von Raab is discussed. It is concluded that employee drug testing is an invidious intrusion on individual rights of privacy and autonomy. Heightened public attention has put powerful pressure on the judiciary to weaken constitutional protections given to all citizens. For example, members of the military, according to the Supreme Court, are entitled to different constitutional protection than civilian counterparts. Decisions like Von Raab threaten to establish a special drug testing exemption to fourth amendment jurisprudence on the justification of a perceived drug abuse epidemic in the United States.