Sunday, April 10, 2011

How Rick Scott's Drug Test Policy Will Work

Nothing says less government better than mandotory drug tests that have been ruled unconstitutional. The ACLU will beat Scott's executive order in court. Bank on it.

“I’m not sure why Governor Scott does not know that the policy he recreated by Executive Order today has already been declared unconstitutional.

“The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone.

“Coming from a Governor who promised to protect our freedoms by limiting the intrusive reach of government into our personal lives, this massive expansion of government power at the expense of basic rights is stunning and exposes the state to serious future legal liability.

“Since we have already succeeded once in overturning this unconstitutional expansion of government power, the ACLU of Florida is willing to represent any state employee or association of state employees who will have their rights infringed upon if the announced policy takes effect.“

The taxpayers look forward to paying for Scott's pointless legal fight. Scott should brush up on the Fourth amendment.

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.

The courts have ruled there must be probable cause to drug test state workers. Scott can not just assume that all state workers are druggies and demand testing.

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