Question by iluvthePhillies: Why doesn’t the 5th Amendment give criminals the right to refuse to submit to a court-ordered drug test?
For those of you who don’t understand my question, HERE ARE THE FACTS:
1. The 5th Amendment says that “no person shall be compelled in any criminal case to be a witness against himself”, which is another way of saying “you have the right to not incriminate yourself”
2. Anybody who submits to a drug test is committing an act of self-incrimination
3. The Exclusionary Rule states that evidence obtained by illegal or unconstitutional means cannot be used against the suspect in question
Therefore, we can safely assume that any criminal who is asked to submit to a drug test can say “I plea the 5th Amendment” and refuse to submit to a drug test. We can also assume that if the authorities drug test someone by force, they cannot use a positive test against the suspect cuz doing so would violate the suspect’s 5th Amendment rights and as such ALSO violates the Exlusionary Rule. It all seems perfectly straightforward and simple, but clearly this is not the case cuz people who refuse a drug test automatically get arrested. Can someone explain to me why the 5th Amendment doesn’t give ppl the right to refuse to take a urine test or any other type of drug test?

Best answer:

Answer by |[Sacred]|
Because you are not testifying. You have evidence that needs proof. It’s like a DNA test in a murder trial. You don’t have to testify but you do give a DNA sample for proof.

Know better? Leave your own answer in the comments!

SC Upholds Toll Hikes, Orders TRB to Review Rates
MANILA, Philippines – The Supreme Court (SC) Thursday upheld the legality of the contracts entered into by the government with private investors on the construction, maintenance and operation of the North Luzon Expressway (NLEx), South Luzon Expressway (SLEx), and the South Metro Manila Skyway. It also lifted the temporary restraining order (TRO) it issued last August 13 against the …
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I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

I need some advice on a couple of things…. Every night before bed I get all of Drakes stuff together for school the next day. I put $4.00 in an envelope in his backpack for lunch. I leave at 5 am during the week for work and my husband puts Drake on the bus. I was doing laundry last night and I found $85 in Drakes pants. I asked him where he got the money from and he said his friend told him he could have it. I didn’t say anything else and when he went to bed I asked my husband what he thought about it and he said that he gives Drake $5.00 everyday for lunch because Drake asks him for lunch money. I told my husband that I already give him money. I’m assuming that this is the money he’s been making off of my husband so I took it. I have not spent it but I’m not going to give it back to him due to the fact that he’s been lying about needing money. I have also decided to start making him lunches so he doesn’t need money during the day. This is not the first time he has lied to us. He stole some of my fake jewelry about a month ago and sold it to another kid at the park. I got it back but he lied about the whole thing.

I received a phone call at work today and Drake allegedly touched a girls private area while playing and then proceeded to punch her in the face when she wouldn’t play along. He’s being suspended for 10 days starting tomorrow. I spoke to the school psychologist and he said Drake needs counseling for everything he’s been through. I agree but we already tried going to counseling and he was literally mute at every visit. How on earth do I handle this? Where do I go? Who do I talk to?

Thank you in advance for any advice.

And the sex has gotten out of control. Ken will have sex with guys and girls, including Bre, having orgies.. like 10 people having sex while messed up. Ken recently tried to kill himself while on alcohol. And he hit Bre.. And uses his Druggy Excuses like he it will never happen again because he took Anabuse (which only lasts 72 hours)
Triple C’s are also very popular at that house. The teenagers are mostly the ones who do it, but when its a last resort, ken and Bre do them too. Its COLD MEDICINE!!

I think its so sad that their kids are actuallly used to seeing their daddy kissing other guys, fighting, their dad almost killing himself, not knowing what their parents are like off drugs, watching them die slowly…

They often talk about how mommy and daddy need their medicine so they wont get sick and mad. Watching their parents fall asleep with cigarettes in their hands and not being able to wake them up…

Im so scared, and i want to make an anonymous call to someone who will go over there and take them to rehab or have them court ordered to it!!
im scared about their safety and my neice’s

I TRIED TO CALL CHILD PROTECTIVE SERVICES AND MY MOM YELLED AT ME!!!!!!! DONT YOU THINK IT IS NECCISSARY!?!?!?!

I have reason to believe from my daughters mouth that he has touched her.
He doesn’t plan his visitations until the day before visitation so I can’t plan anything for my day until the day of.
He has made me late for work 3 times for not showing up on time for pick up.
He has a violent past against me. I have a restraining order against him.
According to the parenting guidelines in my state he is legally suppose to give me his address and refuses to.
He has taken the kids over to a womans house that we both know has done and sold drugs before.
(His brother took them over there today)
He was suppose to take the kids to church to observe Easter Sunday and did not take them as he promised he would.
He has also admitted that he calls the kids for an excuse to talk to me.
I have spoken with an attorney and he said I could stop visitations but i could get caught with contempt although every thing I have it should get thrown out.

I am trying to protect my kids and the courts here aren’t helping.

Details in the above article
A man was arrested for marijuana and the court told him he could go to jail if entered “re-hab”. Once he was in re-hab, he was not allowed to practice his religion. He was not allowed visits with his clergyman, his prayer book was confiscated and was threatened with jail if he didn’t get with the program.

When a family member of his complained, they was told the young man had given up his religious freedom when he “signed up” for the program.

By the way, this man rec’d no actual drug re-hab services, the whole program was centered upon destroying his religious convictions.

Should our court system be facilitating these type of “drug rehab” programs in any way, shape or form.
Excuse me, I should have said he was told he could AVOID jail if he went to re-hab.

(no other re-hab was offered)
Yes, magiepix, I avoided letting people know right away that this was one Christian group denying a Christian of another denomination the right to worship.

Yes, as a Catholic he WAS denied the right to worship, and was also told that his religion was witchcraft. I have read several stories about this over the years.

I am sure that when he agreed to go into a “christian” based re-hab, that he was NOT informed that this “Christian” based “re-hab” was rabidly ANTI -CATHOLIC.

And this was not a “drug re-hab” program, it was a pure and simple religious indocrination boot camp.
Here are some more articles about this

http://www.aclu.org/religion/frb/16354prs20040720.html

http://www.catholicleague.org/annualreport.php?year=2004&id=96

Here’s a tongue in cheek article about this

http://atheism.about.com/b/2005/12/12/secularist-atheists-force-freedom-from-religion-on-teen.htm

http://newsgroups.derkeiler.com/Archive/Alt/alt.politics/2007-12/msg00363.html

If I had a problem with alcohol as much as I had with tobacco, I’d be court ordered to rehab based on health reasons and public opinion, a danger to myself and others. A majority of the public is saying no to cigarettes. While at the same time the tobacco companies won’t give out any signifigant information on how second hand smoke effects other people.
Yay! Great, you pay your medical bills. What about the people who don’t? Does that make them exempt from smoking? Freedom is not free!