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Title: Police Say It’s Unconstitutional to Mandate Drug Tests on Officers
Source:
From The Trenches
URL Source: http://fromthetrenchesworldreport.c ... ate-drug-tests-officers/216656
Published: Jan 15, 2018
Author: Lisa Rough
Post Date: 2018-01-19 14:15:18 by Deckard
Keywords: None
Views: 301
Comments: 4
In an incredibly backwards display of irony, the union representing the Pittsburgh police has filed a most unusual lawsuit. A civil rights grievance has been filed against the city, claiming that officers being required to undergo mandatory drug testing is not only a violation of their contract, but of the Constitution as well. Curiously enough, it appears that this unconstitutionality only applies to police officers, not to the public that they are meant to protect and serve. The officers’ argument is that a urine drug analysis constitutes an “illegal search and seizure,” and police would be forced to “forfeit their constitutional rights to protect the city from a civil liability.” Officers may be subjected to drug testing in three circumstances: The lawsuit arose as a result of a car chase and crash on Baum Boulevard. As the officers were involved in the car chase that led to the car crash, both were ordered to submit to testing. Pittsburgh Police Chief Cameron McLay contends that the contract allows the squad to test officers involved in pursuit, regardless of whether or not they were involved in the crash. Workplace drug testing, particularly unwarranted drug testing, is certainly a hot button issue, and one for which constitutionality can easily become a concern. Some might say that if you have nothing to hide, why object to drug testing at all? Truly, what it comes down to is a right to privacy and a right to be left alone, according to the National Workrights Institute. Drug testing can be a degrading process in and of itself. It involves an embarrassing bodily function and may even require the employee to strip in the presence of an observer to prevent cheating. Additionally, the analysis of a urine test may be more revealing than simply the presence or absence of drugs, as it could disclose personal medical information about the employee being tested. A big problem with drug tests is that they’re not a measure of job performance. In fact, even if the employee being tested is under suspicion of impairment, the test cannot measure how recently a drug was used and therefore cannot be considered wholly reliable. This is particularly relevant when it comes to drug testing for cannabis. A urine or blood analysis can only measure metabolites, or traces of the substance in question, and cannabis traces can remain in one’s system for more than a month after ingestion – or even longer if you’re a regular consumer. (This is also one of the major arguments against cannabis-related DUI charges, as a urine or blood test can’t determine when the cannabis was consumed and whether the driver is, in fact, under the influence or simply carrying residual cannabis traces in his or her system.) It has been scientifically proven that mandatory drug testing does not deter, prevent, or treat drug use. At best, it is an unrealistic, not to mention costly and ineffective, “quick fix” to a far more wide-ranging and complex issue that results in a loss of work hours and qualified employees. Getting back to the Pittsburg police force’s lawsuit, it’s unnecessary and expensive to test employees for drugs and alcohol, especially for a car accident in which they weren’t directly involved. Is it unconstitutional? It very well may be. Should this decision help determine the future of drug testing in the workplace? It’s possible. But should the ruling only apply to police officers, or should it extend to the general public as well?
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#1. To: Deckard, Strict Constructionists, LEOs, *Bill of Rights-Constitution* (#0)
It’s Unconstitutional to Mandate Drug Tests The officers of the law are strict constructionists, like dubya and The Donald. If it's required for airline pilots, it's a no-brainer that it's fine for cops too.
Of course the police will say its unconstitutional to apply the same drug tests to their officers in blue. And this is why: www.bluelight.org/vb/forums/58-Other-Drugs It would open up a huge can of worms to the underground drug cartel worldwide where many of these narcs buy, sell and even consume some of the drugs themselves.
Not really,and it really isn't a mandate because any cop that isn't willing to be drug tested has the right to quit. It's only a mandate if you don't have the option to quit. In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.
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#2. To: Deckard (#0)
#3. To: Deckard (#0)
#4. To: Deckard (#0)
Police Say It’s Unconstitutional to Mandate Drug Tests on Officers
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