Flushing the Fourth Amendment Down the Toilet: How Community Urinalysis Threatens Individual Privacy

Abstract

Scientists have developed new technologies that examine tiny samples of municipal sewage for the presence of illegal drugs. These samples are essentially a drug test for an entire community, making them akin to a "community urinalysis." Public health experts hope to use the data generated from community urinalysis to create a more accurate profile of drug use in America. Civil libertarians, however, fear that law enforcement will ultimately use this technology to monitor every home for drug use. This Note explores the Fourth Amendment implications of community urinalysis technology. It argues that the testing of a home's wastewater constitutes a search requiring a warrant. Because plenty of doctrinal room exists for a contrary conclusion, however, the Note also argues that statutes and regulations are potentially a better way to address community urinalysis's impact on personal liberties.

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51 Ariz. L. Rev. 741 (2009)

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Authors

Christopher L. Hering (University of Arizona)

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