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Constiotutional Rights Paper

1304 words - 6 pages

Constitutional Rights PaperConstitutional Rights PaperConstitutional Rights and the U.S. ConstitutionWhile arrests must be made regarding the fourth amendment of the United States Constitution, there are circumstances where search and seizure may be conducted with or without a warrant issued by a judge. It has become a recent trend that the majority of arrests conducted by law enforcement are conducted without warrants. "The common law in upholding the right of police officers to take a person into custody without a warrant if they have probable cause to believe that the person to be arrested has committed a felony or misdemeanor in their presence." (http:caselaw.lp.findlaw.com) While law ...view middle of the document...

" (http://library.findlaw.com) This authorization will provide the employer with the necessary authorization to receive information concerning an employee's medical and drug testing information. Without this authorization a company cannot receive this information and may be in violation of the HIPAA 1996 Privacy Act.The Right to PrivacyMandatory drug testing is an issue that continues to be debated. The U.S. Supreme court has deemed drug-testing programs permissible under the constitution for both public and private sectors. As the public continues to be concerned about the use of illegal drugs the support for mandatory drug testing will continue to grow. Currently one-third of American corporations are requiring employees to be tested for drugs. (LaFollette).However, there are many individuals are against mandatory drug testing claiming that it is similar to having a police officer follow an employee during their free time and then report their activities to their employer. They feel that what they do on their own time is their own business. They claim that as long as they are not under the influence during work hours the company has no right to know what they do after hours.While this may be a good argument it is not good enough for those who are in positions that could cause harm to the public. In jobs such as airline pilot, locomotive engineer, and truck driver it is extremely important to be alert at all times. Even if an employee isn't under the influence of drugs at the time they may be feeling the aftereffects of the drug, similar to a hangover from drinking alcohol. The question we must ask ourselves is "Do I want to get on a plane with a pilot that uses drugs?", most people will answer NO. The same could be said about being on the road with a truck driver. The public has a right to be safe from those large trucks and it is the driver's responsibility to maintain control of this truck. If he is under the influence of drugs or alcohol there is a greater chance of an accident.The Right against Unreasonable Search and SeizureAs a citizen of the United States, people have the right to feel safe in their homes, automobiles, or at work. The Bill or Rights, Amendment IV states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (www.archives.gov)Legally, police officers are required to obtain a search...

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