Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits
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Carpenter, David H.
[Excerpt] To effectively evaluate the constitutionality of laws requiring suspicionless drug tests to receive governmental benefits, this report first provides an overview of the Fourth Amendment. It then reviews five Supreme Court decisions that have evaluated government-administered drug testing programs in other contexts and provides an analysis of the preliminary lower court opinions directly on point. The report concludes with a synthesis of the various factors that likely will be important to a future court’s assessment of the constitutionality of these laws, which also may guide policymaking on the subject.
suspicionless drug testing; constitutionality; government benefits