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Front Page » June 3, 2008 » Opinion » Letter to the Editor: Random drug testing violates your C...
Published 2,243 days ago

Letter to the Editor: Random drug testing violates your Constitutional rights


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By WILLIAM SHARP
Castle Dale

Editor,

Many employers including my own (Energy West Mining) are implementing random drug testing in the work place. While this sounds good the sad fact is such a practice clearly violates the Fourth Amendment to the Constitution.

The Fourth Amendment guards against unreasonable searches and seizures and was designed as a response to controversial unjust searches, which were a significant factor behind the American revolution. Toward that end, the amendment specifies that searches must be supported by probable cause.

For example, allowing someone you do not trust to drug test you (search your body) without probable cause (evidence of wrongdoing such as destruction of company property or causing an injury to someone else or yourself etc.), is no different then allowing a police officer you do not trust to search your property without probable cause (prior evidence of wrongdoing). When your life, freedom or property (fines, paycheck, etc.) are being threatened then such a search is unconstitutional.

The Founding Fathers of America knew well how men in authority used searches without probable cause to inflict intimidation, harassment, and even disposal of those who disagreed with them politically, religiously, spoke up, or were a threat to their power etc. The Founders considered it foolish and naive for anyone to trust men in authority positions to be honest and fair with random searches.

Obviously the only way to slow down corruption when it comes to authority is the rule of just laws.

Let's face it there are dozens of ways random drug tests without probable cause could be tampered with and used as a means to dispose of who ever was targeted. Suffice it to say that the 'tamper proof' tape can be removed any time you are not there, evidence planted and another tape affixed before being tested. Or easier yet, the tester could simply check the 'positive' box and, voila, you're guilty.

Though I have never used illegal drugs and am aggressively against them, I am more opposed to throwing away the constitution just because someone wants unlimited power.

Some might say it's no big deal, but that just shows how little they know about, or love freedom. Others might say that we need random drug searches for security. The founders had an answer for that too.

"He who sacrifices freedom for security deserves neither freedom or security" Benjamin Franklin.

For those who never thought the Patriot Act (you know the act that basically wiped out the constitution in the name of protecting us from terrorists) would be used against every day Americans, random drug searches without probable cause are just one more example of how completely the Patriot Act and it's powers are being implemented against every American.


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