CJ 3552 Lecture Notes - Lecture 8: Dow Chemical Company, Pen Register, Private Plane
29 Aug 2016
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The standard for drug testing comes form the railroad industry. o. 1989: alcohol and drug screening program of usfra. Scotus ruled that this is okay for public safety reasons. They stated that drug testing is a search, but the search needs to balance with legitimate government interests. If it is a profession where there is a public risk, drug testing is okay. o. Examples: police, firefighters, pilots, mass transit workers, etc. Drug testing does not apply to all situations/professions. o. 1997: scotus did not allow suspicion-less drug testing searches for candidates that were running for office (p. 77-78). Not a public safety risk and there was no real suspicion. What is the role of a school and the people who work there? o. Education: historically, in locos patentis (in role of the parents) Parent children during the day when their parents are not there.
