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Judge to Florida: You Can't Drug-Test State Workers

Governor Rick Scott's directive called unconstitutional

By John Johnson,  Newser Staff

Posted Apr 26, 2012 3:20 PM CDT

(Newser) – Florida Gov. Rick Scott's plan to give random drug tests to state workers just ran into a big problem: the Fourth Amendment. A federal judge ruled that Scott's directive to have the state's 85,000 employees submit to surprise tests violates the Constitution's protection against unreasonable search and seizure, reports the Palm Beach Post. The ruling did not address whether new hires can be tested.

  • Judge Usrula Ungaro: “To be reasonable under the Fourth Amendment, a search ordinarily must be based on individualized suspicion of wrongdoing."
  • Governor Scott, announcing plans to appeal: “As I have repeatedly explained, I believe that drug testing state employees is a common sense means of ensuring a safe, efficient and productive workforce."
Another Florida law requiring welfare recipients to undergo drug-testing also is being challenged in the courts, notes NPR.

Florida Gov. Rick Scott.
Florida Gov. Rick Scott.   (Getty Images)
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COMMENTS
Showing 3 of 55 comments
Antone123
Apr 27, 2012 11:50 AM CDT
Why isn't this Governor in Jail Yet.  Didn't he steal a ton of money from medicare?  Come on Florida you can't be proud of this con man.  You can't all be to old and feeble mined not to see through this con artist.
StanParaduxHicks
Apr 27, 2012 8:21 AM CDT
If Drug testing of State employees violates the Fourth Amendment, then so does drug testing of Food Stamp and welfare recipients. I am all for drug testing, but whats good for one should be good for the other.
midget_farmers
Apr 27, 2012 6:39 AM CDT
I am wondering if the random drug testing of state workers included ALL state workers like.... hmmmm I don't know... Judges, Governors, Congress men and women???? I would say not....  but that would be just a guess 
 

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