Is requiring random drug tests in order to be employed by the state of Florida against your constitutional rights?
Rick Scott, Governor of Tallahassee, Florida has signed a bill allowing the random drug testing of state workers. The governor’s office announced the signing of the bill late Monday night after work hours. Scott had tried to mandate drug testing for state employees in the past once before, but it was suspended due to a court challenge.
The new law is said to most likely generate several lawsuits. Legal scholars are saying that randomly drug testing state employees goes directly against the United States constitution’s ban on unreasonable searches and seizures. Thus separating state employment requirements from that of a privately owned business, who have the right to decide if the random drug testing of their employees is necessary.
The fourth amendment of the United States Constitution reads: “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.”
This being in place, is drug testing a presumably innocent employee against the security of his person without probable cause as protected by the fourth Amendment?
66-year-old Palm Coast tollbooth employee, George Whelan, says that he doesn’t mind if the state of Florida mandates drug testing for their employees.
“I think drug testing will keep honest workers in the system. If you have nothing to hide… what’s the big deal?”
On Tuesday Scott told most state agencies to hold off on applying the bill he signed Monday night until the state can sort out a legal dispute with the Civil Liberties Union.