What are the two types of drug testing of peace officers that have been allowed by courts in the absence of a warrant or probable cause? Do you agree with the decisions of those courts? Explain your position

Question

What will be an ideal response?

Answer 1

Many federal, state, and local governmental agencies now require suspicionless drug testing of employees who have secret and top secret security clearance, detectives, police officers, guards, firefighters, employees required to carry firearms, and other employees with duties "fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences." The courts have sustained random drug testing of persons within these groups by virtue of being a "heavily regulated industry." The U.S. Supreme Court identified three governmental interests that are sufficiently compelling to justify drug testing where there is no information causing suspicion of drug abuse:
- Ensuring that certain employees "have unimpeachable integrity and judgment"
- Enhancing public safety
- "Protecting truly sensitive information"
Student responses to their opinions on such allowances should be based on their understanding of the rationales behind these exceptions to the normal rules of evidence.