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Speak Out
When does drug testing violate the Fourth Amendment?
By John Vettese, Student Voices staff writer
When the economy is bad and unemployment is up, more people apply for financial assistance from the state or federal government.
This role the government plays is enshrined right in the preamble of the Constitution: “promote the general welfare,” which refers to the well-being of the people. Congress has the power to do this, for example, by passing laws that require clean air or that provide for safe highways and bridges. Governments provide a safety net for citizens in their time of need with welfare programs such as food stamps. Critics of welfare programs say they promote laziness, do not encourage citizens to find work and, in extreme situations, support bad habits.
Florida Gov. Rick Scott hoped to prevent the latter. Over the summer, he approved legislation requiring adults who apply for state welfare assistance to pass a drug screening. When Scott signed the law, he called it the right thing for those in need, as well as taxpayers. “It’s unfair for Florida taxpayers to subsidize drug addiction,” he said. “We don’t want to waste tax dollars. And also, we want to give people an incentive not to use drugs.”
The program requires applicants to pay for their own drug test. If they pass, the state reimburses them. Since testing started on July 1, more than 21,000 people have been approved for welfare through the program, according to a report in the Orlando Sentinel. Only 32 have tested positive for drugs, and the state has spent $57,920 reimbursing 4,100 applicants so far.
But opponents, including the ACLU, quickly rallied against the law, saying not only is it an insult to those applying for aid, but it also violates the Fourth Amendment to the U.S. Constitution, which protects against unreasonable search and seizure. Rep. Corrine Brown said the tests “amount to strip-searching our state’s most vulnerable residents merely because they rely on the government for financial support during these difficult economic times.” Opponents also question whether drug tests for welfare applicants will lead to testing for individuals receiving Medicaid, emergency relief funds, or school loans.
In October, a federal judge in Orlando temporarily blocked the state of Florida from conducting drug tests on welfare applicants. U.S. District Judge Mary S. Scriven wrote in her ruling that drug tests are “well established” as a means of search under the Fourth Amendment and that the state had not demonstrated a substantial need to justify “suspicionless” drug testing.
Spokeswoman Jackie Schultz said Gov. Scott was considering an appeal of the ruling. Drug tests, she said, are a “common-sense way” to ensure the welfare funds are used for their intended purpose.
What do you think?
When does drug testing violate the Fourth Amendment? Does the government have the right to ensure welfare applicants are not spending that money on drugs? Do the drug tests violate the applicants’ privacy? Do these drug tests constitute unreasonable search and seizure? Join the discussion!
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