Objective: Students will understand that there are certain situations where drug testing is allowed that do not violate our rights under the Fourth Amendment
Procedure: Tell students that one of the major issues involving the Fourth Amendment today is drug testing. Ask students under what circumstances should drug testing be required without at least reasonable suspicion that a person is under the influence of drugs? Remind students that the Fourth Amendment says nothing about drug testing specifically, however, the Supreme Court has held that drug testing constitutes a search and usually must be done in accordance with the Fourth Amendment. There are, however, special circumstances where drug testing has been held not to violate the Fourth Amendment. One such case was Skinner v. Railway Labor Executives Association, 1989. In this case the Supreme Court ruled that an announcement by the Federal Railroad Administration that railroad employees involved in train accidents would be tested for drugs does not violate the Fourth Amendment. Point out to students that there are many other situations where testing for drugs without reasonable suspicion is being challenged. In many of these situations, no final decision has been made.
Now split the class into smaller groups and assign them the following task. Give them a list of the occupations provided below. Then tell them that for each occupation they are to decide if drug testing should be performed without a warrant; in other words, without reasonable suspicion that a person is under the influence of drugs. Make sure they give reasons for their answers. Once students have finished their discussions, one student from each group should be prepared to deliver the findings back to the entire class for a full class discussion.
01. All police officers
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08. Students
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02. All fire fighters
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09. Student athletes
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03. Judges
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10. Subway drivers
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04. Teachers
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11. Television newspersons
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05. Doctors
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12 The President of the U.S.
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06. Dentists
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13. All governors
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07. Pilot
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14. School bus drivers
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Finally tell students that they are to write a position paper explaining why they believe drug testing should or should not be allowed in various occupations.