MANDATORY RANDOM DRUG-TESTING IN THE UNITED STATES DEPARTMENT OF TRANSPORTATION--A FOURTH AMENDMENT ANALYSIS

Mandatory random drug-testing is one of the most controversial and perplexing issues facing the judicial system today. While the Fourth Amendment does not place limits on employer conduct within the private sector, when the employer is the government itself, the Fourth Amendment limits the employer's actions and provides protections to the employees. The majority of drug-testing cases have been decided within the past two years. All courts addressing the issue have unanimously ruled that drug-testing by urinalysis constitutes a search and seizure within the meaning of the Fourth Amendment. However, the Fourth Amendment prohibits only unreasonable searches and seizures. So, the question then becomes: Does the mandatory random drug-testing by urinalysis constitute an "unreasonable" search and seizure? The traditional methodology utilized in analyzing the reasonableness of a search or seizure is currently in a state of flux. A majority of the Supreme Court has implicitly if not explicitly announced a new approach in the analysis of the Fourth Amendment. This changing analysis of Fourth Amendment issues and how that change has affected or will affect mandatory random drug-testing programs is the primary focus of this article. In particular, this article examines the program implemented by the United States Department of Transportation and the Federal Aviation Administration.

• Availability:
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• Authors:
  • MCDERMOTT, M T
  • JONES, K A
• Publication Date: 1988

Media Info

• Pagination: p. 1-29
• Serial:
  • Transportation Law Journal
  • Volume: 17
  • Issue Number: 1
  • Publisher: University of Denver College of Law
  • ISSN: 0049-450X
  • Serial URL: https://www.law.du.edu/transportation-law-journal

Subject/Index Terms

• TRT Terms: Drug tests; Law enforcement; Legal factors; Legislation; Random breath tests; Search and seizure; Transportation departments; Urinalysis
• Identifier Terms: U.S. Department of Transportation; U.S. Federal Aviation Administration
• Uncontrolled Terms: Interpretation
• Old TRIS Terms: Fourth amendment; Mandatory drug testing; Random drug testing
• Subject Areas: Highways; Law; Safety and Human Factors; Security and Emergencies; I10: Economics and Administration;

Filing Info

• Accession Number: 00482250
• Record Type: Publication
• Files: TRIS
• Created Date: Apr 30 1989 12:00AM