Legal Question in Civil Rights Law in Georgia

Forced drug search of car and urine test

Two years ago, during a drug ''lock down'' ,the K9 ''hit'' on several cars in the teachers parking lot. One hit was ignored. For one, the car was stripped, finding a baggie of white powder. This was sent to be tested. The test showed the white substance to be ''soap powder''. Last month, another drug lock down was performed at which time D was taken out of his classroom and asked to unlock his car. He was told to stand approximately 20 feet away as his car was completely stripped. When completed, the officer verbally reported, ''the car is clean''. When this was stated, the head of MACE leaned into the car and stated, ''Oh, I smell Marijuana, and the dog just 'hit' on the ash tray''. Using this ''smell'' reported as due cause, D was ordered to report for a urine test. No toxins or mood altering drugs were found in the urine. Today D received a letter informing him that:

''in the event that your car is alerted on again... you will be... escorted by Mr. S (Resource officer)for another urine test in a minimum time frame (or) you have the option of...having a blood test performed''.

Is this a violation of civil rights?


Asked on 10/28/02, 5:35 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Forced drug search of car and urine test

The whole thing smells of unconstitutional invasion of privacy, illegal search and clear violations of civil rights. The real question is have you all waived your civil rights by contract?

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Answered on 10/28/02, 8:28 pm


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