Forced Drug Testing
Heather Knupp
February 9, 2006
George W. Walker
CJA 380

Forced Drug Testing

“Pretrial drug-testing programs are based on the following assumptions: First, knowledge of a defendant’s drug use at the time of arrest—obtained through a drug test—provides an important predictor of pretrial misconduct. Second, monitoring drug use during the pretrial periods, coupled with sanctions, will reduce the risk of pretrial misconduct.” (Neubauer et al, 2002)
Administering pretrial drug testing infringes on the rights, privacy, and confidentiality of the defendant. Pretrial drug testing goes against the Fourth Amendment; which protects against unreasonable searches and seizures. Taking a pretrial drug test is an unreasonable search. There is no need for a test to monitor pretrial misconduct. The drug testing sounds good in theory, but it is not always feasible in every situation. The choice should be left up to the defendant to voluntarily take the test.......

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