• ilr1950

    This is a manufactured problem. No one questions a jails right to do a urine test for drugs. What’s the difference between peeing in the jar for one thing or another?

    • J.D.

      Because it’s none of their business whether she’s pregnant or not. Nosy busybodies, even those with governmental/administrative seal, do NOT have carte blanche to invade a woman’s medical privacy.

      • ilr1950

        The prison needs to know about any medical condition which may require special care or consideration and that includes pregnancy.

        • J.D.

          Inmates aren’t pandas at the zoo. The jail staff is not upgrading their accommodations and giving them special privileges and bigger cells if they’re expecting. The jail is overreaching itself because such tests could definitely constitute violations of the right against self incrimination, depending on the charges. They want to know, let ‘em get a court order. That should be fun, depending on the number of inmates they get day in and day out.

          • ilr1950

            If the woman has a miscarriage you can bet she will blame the prison if she was expected to do something which she thinks might have causes a miscarriage. There are some chemicals a pregnant woman shouldnt be around. Medical care should include prenatal vitamins. If she’s in prison for very long she should be having prenatal care. And she sure as hell is going to need medical care if she stays in prison long enough to give birth.

    • eroteme

      Reproduction is a private affair.

    • http://www.danaseilhan.com Dana

      Why do jails bother doing a urine test for drugs? If you’re on methadone they’ll just refuse it to you; if you’re on any other drug, you’ve got to come down sooner or later. You might be surprised how many people object to mandatory drug testing in all but the most narrow of circumstances. Also I’m really tired of potheads constantly trying to distract from women’s issues by steering the conversation around to drugs, so if that’s your story, quit it.

      • diaztello

        But the drug war IS a women’s issue. I agree that it makes no difference whether a person’s bodily fluids are being tested for pregnancy hormones, criminalized drugs, or abortofacient substances (which don’t show up in urine, btw, but it’s a handy way to elicit a confession). I disagree, however, that this makes it a manufactured problem: we should be questioning the invasive unconsented testing no matter what the supposed purpose, because once we concede that constitutional violations are permissible, we can’t put the genie back in the bottle. And – while it isn’t the case in CA – in some states, a positive pregnancy test might be grounds for further charges in relation to the endangerment of a fertilized egg (!!)

        • ilr1950

          How is testing urine a ‘constitutional’ violation? What part of the constitution is violated? The prison needs to know about ANY medical condition which might result in complications or might require special care or special considerations. And that would include pregnancy.

          • diaztello

            People have a constitutional privacy interest in their body and bodily fluids that is protected by the 4th Amendment (http://en.wikipedia.org/wiki/Ferguson_v._City_of_Charleston). I know that the issues are different in correctional facilities, but maybe you want to read the ACLU’s materials on their case, which I am sure articulate the constitutional arguments. I’d be much more compelled by your reasoning if prisons did in fact give people obstetrical care in correctional facilities, but that’s not really the case, and in any event it sounds like they are testing everyone, regardless of how long they are going to be there. I’m not sure why you are assuming that a prison’s need to know about “ANY medical condition” justifies urine drug testing. Should they then require all people to undergo CAT scans to make sure they don’t have tumors, or EKG’s to make sure they don’t have heart disease? These things might result in complications. Or maybe they can just rely on a person’s self-report of pregnancy and administer a test if requested? Maybe get consent and treat people with dignity?

          • fiona64

            How is testing urine a ‘constitutional’ violation? What part of the constitution is violated?

            Really? REALLY?
            http://www.law.cornell.edu/constitution/fourth_amendment

            Quote (emphasis added); The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
            violated, and no warrants shall issue, but upon probable cause,
            supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

            Let me put it to you this way: being female is not “probable cause” for a pregnancy test. If you had read the article, you would have realize that they are forcing this on women who are infertile.

      • ilr1950

        Where do you get the idea youre in charge of telling other people to quit anything? Get over your delusions of grandeur. Drug testing in prisons will tell if prisoners are getting drugs from outside sources. The only one talking about pot is YOU.

        • Arachne646

          Even in jail or prison, people have Constitutional protections against unreasonable search and seizure, so collection of bodily fluids like urine or blood for drug testing must be based on probable cause. There must be evidence that incriminates that person in order to collect urine from them without their permission. You don’t lose all your Constitutional rights when you are incarcerated, you just have no way to exercise them if the powers that be don’t so choose.

  • katydid41

    Boys want to intimidate women and control women’s bodies in any venue and for any lame excuse. It’s part of the “Bro-Code” and is an ancient tradition.
    When women run the world RETRIBUTION is the way to go.

  • disqus_ok9xndxFPu

    It’s being used incorrectly. But police really should know if you are pregnant in jail, because a lot of things in jail can be hazardous to pregnant women (who have weakened immune systems and are more prone to injuries due to their condition). For example, pregnant women need vitamins or a really good diet with lots of folic acid, access to preventative medical care (you wouldn’t let a non-pregnant inmate have a monthly or weekly wellness check because they don’t need it, but a pregnant woman should be able to), and need to be able to ask guards for help with heavy lifting or avoiding chemicals without getting pushback. Some things like shackling or solitary can be very dangerous for pregnant women, as well. I don’t think that’s why they do it now, but my goal that I will fight for is to treat pregnant women as they need and want to be treated once their condition is known, and maybe to demand that OTC tests be used that don’t involve testing for anything but pregnancy (and drugs if and only if we were going to ease the detox).

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