Monday, August 30, 2010

4th Amendment Violation? Or Simple Routine Procedures.

Source: "Steroid Test Ignore the 4th amendment"
http://www.nytimes.com/2005/06/02/sports/baseball/02chass.html


Constitutional Connection: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."


Analysis of Connection: 
     U.S citizens have the right to be secure in their person, home, papers and effects and it shall not be violated without reasonable cause, its in the constitution, but sports agents do not look at it in that manner. Major league baseball players and other professional athletes are tested for steroids frequently without reasonable reasoning. Everyone has begun to believe that it is probably written in their contract to be tested, or that it comes with the job, but it is not. It is a violation of their privacy. 
     "A 1997 Supreme Court case, Chandler v. Miller, found that a Georgia law requiring candidates for state office to submit to drug testing was unconstitutional. The court ruled, 8-1, that the candidates would most likely not be performing the kind of high-risk duties, nor was it establishing a good enough reason, to justify the invasion of privacy."
 
      I agree with the courts decision because there was not probable cause for a drug test in a state officers candidacy. They will not be performing "high-risk duties" or anything that would lead to suspicion of drug use if they become better at what they do over time. If there is a performance enhancer for becoming smarter or just adapting to your job quickly, then there would be probable cause, but they submitting a drug test before coming of office is not necessary. I strongly believe that if we are granted a right to be protected in our person, home, papers etc. then it should not be violated without proper preparation beforehand.

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