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The Fourth Amendment and random drug testing of people with chronic pain
1PAIN Exhibit, Sacramento, California, USA. Mark@PainExhibit.com
Abstract:
It is common for physicians who prescribe opioids for chronic pain to drug test their patients. This practice may soon be mandated by the State of Washington as a result of passage of their new law ESHB 2876. Random drug testing of people simply because they seek treatment for chronic pain arguably constitutes a suspicionless and warrantless search that violates both the Fourth and Fourteenth Amendments. Issues discussed include consent, circumstantial coercion, and "special needs" searches.
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