Journalist Murray Chase of the New York Times wrote an interesting article earlier this week arguing that any Congressionallly imposed sports steroid testing could violate the 4th Amendment. The article titled "Steroid Tests Ignore the 4th Amendment" take issue with recent congressional efforts to legislate steroid testing in baseball. I, for one, agree with his position which is essentially this: that such a search (which would be deemed an adminstrative search in 4th Amendment terms) is only justified in the presence of a compelling interest such as public safety in the cases of commercial truck drivers, railroad engineers and airline pilots. Otherwise, such testing can only been imposed by employers or by contract between the testing party and the individual to be tested.
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