Mandatory Drug Testing

1144 Words5 Pages
The Fourth amendment belongs to the Bill of Rights and tries to protect the people of the United States of America from Illegal Search and Seizure. The fourth amendment can be applied to various other situations, such as how to deal with drug tests being mandated. Mandatory drug testing should be put into place because it is necessary and is not a violation of the constitution. Drug testing needs to be necessary at certain times, specifically when it provides an extra amount of safety and protection for people. The invasive nature of drug testing can make it seem like a negative thing, but in reality it is a tool that is used to keep people safe. In 1989 two Courts determined that mandatory drug testing is not a violation of the constitution when the person being test is a railroad worker or government employee, even without a warrant or probable cause to believe that particular person is guilty “Drug Testing” (law.justia.com). The Court restated the in National Treasury Employees Union v. Von Raab case what they previously had determined in the Skinner v. Railway Labor Executives case. These two cases both involved railroad workers. Breath, blood, and urine samples were allowed to be required from the workers whenever deemed necessary. Possible intoxication of a conductor of a train could result in the loss of a life. In these cases it was determined that drug testing would be allowed and considered constitutional in order to keep other on the trains safe. The conductors of trains need to be caught violating rule while being under the influence before anything bad happens. A foremost reason behind the government is to protect its people. One could argue that forced Search and Seizure is unconstitutional, but the employees and conductors of the trains need to be able to keep the people aboard the train safe and out of harms way to the best of their ability.
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