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Fourth Amendment

Seattle University School of Law

Seattle University Law Review

1993

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Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis Jan 1993

Washington Constitution Article 1, Section 7: The Argument For Broader Protection Against Employer Drug Testing, Ken Davis

Seattle University Law Review

This Comment will analyze Article 1, Section 7 of the Washington Constitution, the search and seizure provision, and conclude that this provision should be construed to provide greater protection to employees against employer drug testing absent individualized suspicion than the Fourth Amendment does. The scope of this Comment, however, is limited to the rights of state employees with respect to suspicionless drug testing. The rights of federal employees are not included in this analysis because they are protected against suspicionless drug testing only by the Fourth Amendment, not by the analogous Washington provision. Moreover, Article 1, Section 7, like the …