View Poll Results: Is drug testing a violation of the 4th Amendment?

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  • Yes

    4 8.70%
  • No

    39 84.78%
  • Other (explain)

    3 6.52%
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Thread: Drug Testing

  1. #31
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    Re: Drug Testing

    Quote Originally Posted by Orius View Post
    Is mandatory drug testing as part of entrance to a job, or random drug testing while on the job, a violation of the 4th Amendment against unreasonable search and seizure?

    Explain your answer.




    The 4th amendment restricts government, not private industry.


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    Think not that I am come to send peace on earth: I came not to send peace, but a sword.

  2. #32
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    Re: Drug Testing

    Quote Originally Posted by CaptainCourtesy View Post
    All true.





    I don't want intoxicated people around my kids. It's a safety issue.
    My house. If you refuse, you don't come in.



    +1..........


    Matthew 10:34
    Think not that I am come to send peace on earth: I came not to send peace, but a sword.

  3. #33
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    Re: Drug Testing

    Quote Originally Posted by Orius View Post
    Is mandatory drug testing as part of entrance to a job, or random drug testing while on the job, a violation of the 4th Amendment against unreasonable search and seizure?

    Explain your answer.
    You failed to cite the Fourth Amendment for reference.

    IMO...depends.

    Depends on what drugs, what job, what's done with the test results if taken, and too many other circumstances to make a simple answer possible.

    Absolutely not a violation if the job involves operating machinery of any kind, from airplanes to trains to an old Bridgeport mill to a pickaxe. At the minimum the employer is going to be liable for Joe Dopehead ripping his hand off on the mill while high or drunk, let alone the train engineer smoking a joint just before the train derails on the bridge because he missed a signal (that he could have missed when straight).

    Is the dweeb some low-life clerk in a dead end shoe sales job in a mall? Could be. Then again, the employer isn't a government agency, and the strictures of the Constitution don't apply to his business activities. He's certainly free to run his business as he sees fit. It's his business. The government probably wouldn't be able to use such test results to prosecute the dweeb, though.

  4. #34
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    Re: Drug Testing

    Quote Originally Posted by Orius View Post
    They could be fired though from their job for not submitting to a drug test. What then?
    They look for a new job.

  5. #35
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    Re: Drug Testing

    Quote Originally Posted by UtahBill View Post
    Drug users should not be allowed in ANY position of safety or security. They cannot be depended on to provide either. If I am paying people to work for me, I want them working, not thinking about getting their next fix....even if their using is on their own time...
    What about if the guy routinely gets drunk out of skull in his off hours but his on the job performance is satisfactory?

  6. #36
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    Re: Drug Testing

    All I can say is that I am glad I don't work for anybody else.

    I run my own company and I do as I damn well please. If I wanna go fishin' on a Tuesday, I do. If I wanna have a fatty at the bonfire next weekend, I will. I tell ya one thing, working for myself, I have the coolest boss in the world.

    It's GREAT to be me. --- "45% liberal/55% conservative"
    Diplomacy is the art of saying 'nice doggy" until you can find a gun.

  7. #37
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    Re: Drug Testing

    Quote Originally Posted by Orius View Post
    Is mandatory drug testing as part of entrance to a job, or random drug testing while on the job, a violation of the 4th Amendment against unreasonable search and seizure?

    Explain your answer.
    No as it is stated in the hiring contract whether drug testing is done or not. The employee has the right to walk away if they find those terms unacceptable.

  8. #38
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    Re: Drug Testing

    Quote Originally Posted by Korimyr the Rat
    Businesses owned by thousands of people…
    I will repeat: the 4th Amendment concerns government.
    It’s a “chain” to bind government.
    Quote Originally Posted by UtahBill
    What private businesses do you speak of?
    How does your post concern the 4th Amendment?
    'The whole universe is going to die!'

  9. #39
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    Re: Drug Testing

    Quote Originally Posted by peepnklown View Post
    I will repeat: the 4th Amendment concerns government.
    It’s a “chain” to bind government.
    I don't care about the 4th Amendment. I care about non-accountable authority figures having the power to dictate what private citizens do in their own private homes on their own private time.

  10. #40
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    Re: Drug Testing

    Quote Originally Posted by Korimyr the Rat
    I care about non-accountable authority figures having the power to dictate what private citizens do in their own private homes on their own private time.
    I agree.
    I was talking about the 4th Amendment in my above post thus, wondering how your post concerned the 4th Amendment (so I guess I didn’t).
    'The whole universe is going to die!'

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