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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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Comments
5/11/2012
Porterville, CA
Andres
Mr.Smith/Monache
The government has the right to ensure that people who get welfare are not spending that money on drugs by asking them for a drug test. They are trying to ensure that we are giving aid to people who need it to support themselves and their family when they don’t have a job but trying to look for one and not just some guy who want to use it for drugs. I don’t think it violates the applicants’ privacy. They should know that there are precautions they have to take to ensure the money is being used properly.

5/10/2012
Porterville CA
Anthony
Smith/Monache
I believe that testing welfare applicants should be drug tested because most applicants do sale their stamps to get drugs. I do not agree with not feeding the kids but in the end the kids are not eating because all money is being spent on drugs. No i do not think they are unconstitutional to search and seizure because if you are using drugs there is every right to search you with a appropriate warrant.

2/15/2012
Indiana
Chase
Baltzell/Huntington North
I think that drug testing violates the 4th amendment to a certain extent because if a person has no criminal/drug abuse backround then they have no probable cause to test you. I also agree with drug testing though if a person has drug abuse backround and since drug testing has been accepted in the job market then what difference would it make here?

1/16/2012
Independence MO
Frankie G
ITT Tech
I do not believe that drug testing violates the 4th amendment. First of all you have to take a drug test at most jobs that you apply for so why not take a test if money is being given to you? secondly if the government believes that is is a violation then simply by adding a clause that says 'by applying for these benefits you are agreeing to a drug test'

1/13/2012
Benson/AZ
Cassandra
Mr. Sorenson
I don't think that drug testing violates the fourth amendment. The objective of the fourth amendment of the fourth amendment is to make sure the government is promoting the general welfare, and by testing for drugs they are ensuring that everyone is safe. I agree with Schultz that welfare funds should be used for what they are intended for and not for drugs. People do have a right to their privacy, and if they think that drug testing is violating it, they should apply for some other loan. People who have nothing to hide have nothing to complain about.

1/5/2012
Montgomery, TX
Tyler G.
Metzger/Montgomery High School
In my opinion, drug testing does violate the 4th Amendment to a certain extent. The 4th Amendment states that no person shall be searched without a probable cause and a search warrant. With that being said, drug testing for a welfare application technically violates this protection. But what is the difference between being drug tested for a job application and a welfare application? Nothing. Drug testing for a job application has become very common and is accepted by society. These people that are applying for welfare, which is funded by tax payers, and are receiving checks that are intended to aid them in living. Though in some cases, these checks are being used to buy drugs, which is why a drug test should be necessary to apply for welfare.

1/4/2012
Montgomery Texas
Brady H
Metzger/Montgomery High School
I believe that drug testing does violate the 4th amendment. It doesn't matter what the situation is. If someone does not have probable cause or some sort of search warrant then they have no right to be in your business. If you want to do drugs fine, that's your business. If you want to spend your welfare check on drugs, again that's your business. As taxpayers why does it matter if the people on welfare do drugs? In the end we will still have to pay taxes.

12/30/2011
Montgomery
Keegan
Metzger/Montgomery
i believe that drug testing does violate the 4th amendment, but with good cause. You have to take a drug test to get a job, so why would it be different to have money basically given to you. Tax payers pay for welfare. why would they want to pay for somebody who is going to spend it on drugs?

12/9/2011
Montgomery Texas
Paige O.
Metzger/Montgomery High School
No, drug testing does not violate the fourth amendment. Taxpaying citizens have the right to demand drug testing, it is their money they are helping support these people with. If you're not using, then you have nothing to hide. You have the choice to, yes, take a drug test or no, refuse. If you make the choice to do drugs, then you should have no right to be on welfare. You have to take a drug test at almost every job in today's day and age, so what makes it any different when we are financially supporting people.

12/7/2011
Montgomery High School
Sydney
A,
In my opinion, I believe the Government has the right to violate the 4th amendment by requiring drug testing to those in need of welfare. The definition of welfare is social effort designed to promote the basic physical and material well-being of people in need. The program is designed to help people not continue to influence and provide for their addictions. Tax payers provide welfare and I think they have a right to dictate whether they want their money to go to someone in true need of it rather than someone who could potentially use it for the wrong reasons. If people object to this as a violation of the 4th amendment because they are a current user and need the money for their families or to score more drugs they need to make the decision on what is more important to them, the drugs or their family. Welfare is instated to provide for a better life not to provide for a habit.

12/6/2011
Montgomery Tx
Rachael H.
Metzger/Montgomery High
In my opinion, the government has the right to make people who request for welfare programs take drug tests. Even though it violates the fourth admendment. We don't need low life's on drugs getting money from the government when us tax payers work hard for our money. Most jobs these days require a drug test before you work for them. People don't need to complain about it violating the fourth amendment, they're helping people to become something of themselves.

11/27/2011
Montgomery Texas
Courtney S.
Mr. Metzger/ Montgomery High
I believe that all states should require welfare applicants to be drug tested; I understand it does go against the 4th amendment but the government is helping these people out. If they want the help they need to be okay with a drug test. It’s unfair for tax payers to be working hard to just hand their money out to people who do drugs and have no ambitions to work. People that have money to buy drugs should have money to help themselves. There is drug testing everywhere today people get drug tested at work all the time truck drivers, the military and if they fail a drug test they lose their jobs. No one in that group has made such an ordeal over having to take a drug test so why is it that there is so much controversy on drug testing welfare applicants? People just want to make sure their tax dollars are going to good use, and not to these drugies who don’t want to get a job and rely on support of our government it’s unfair to see that. America is in so much dept today and we don’t need to be throwing our money away to the man who can’t quit the drugs. How is that fair to a kid like me who’s working and going to school to have to get money taken from me to support drugs. So yes I do think these people who are on welfare need to get drug tested and if they are so against it then don’t apply for financial aid and make it on your own. you pick you get high for the day or get a little help to support your family?

11/22/2011
Steger Illinois
Izabella
Mrs. Tweet/ Bloom Trail
I know that taking a drug test might be a bit akward to some people, but it is in no way violating the fourth amendment. The government if offering to give money to people who need help. The government has enough problems of its own and would appreciate knowing that their money is being given to people who are not going to abuse it. If a person has nothing to hide than taking a drug test should be the least of their problems. I see it as giving a report in front of a class; most people don't want to do it but get it over with anyways because they don't want to fail the class. The drug test is very similar; if the person dosen't want to take it than they just simply won't get the money. If the drug test is taken(and passed) than it proves that the person is worthy to receive the money and will use it well.

11/21/2011
Sauk Village Illinois
Sierra
Mrs Tweet Bloom Trail
The people who receive public aid should have to take a drug test. My reasoning behind this is that if people need money to afford their well being then their money shouldn't be going out to drugs. If someone has money to buy drugs, then they should have the extra money to back up there everyday needs. The tax payers money need to be put into more consideration. America shouldn't want out taxes to go out to someone else's drugs; it should go out to feeding a starving family who genuinely need it. The drug test would discourage people from either staying on drugs or taking government money in the first place. It seems unfair to people who need public aid as a whole , but its only right to put tax money where it need to go out to considering the fact that America is still deep in debt already.

11/5/2011
Irving/TX
Derek
Bradley/NImitz
I believe the government has every right to make drug tests a requisite for welfare assistance. First, drugs are illegal. If someone chooses to do drugs, then they should expect resistance from the government. All this is doing is ensuring that citizens aren't breaking the law with the taxpayer's money that is supposed to be going into the wellness of the people. Second, the applicants aren't required to apply. In my opinion, this does not constitute unreasonable search and seizure, and thus means that the fourth amendment is not being violated. Third, applicants who aren't doing drugs should be proud to prove that they are drug free, and it shouldn't offend them when others ruin the system.

11/4/2011
Benson/Arizona
Sami
sorencen/Benson
Drug testing violates the Fourth Amendment when they are forced to take a drug test without probable cause. For example if someone is driving perfectly fine and a cop pulls them over for no apparent reason and they force them to take a drug test that would be violating the Fourth Amendment. Everytime they have to take a drug test they are making the victim pay for it. So i would say for everytime a Police Officer forces you to do it they should be the one that has to pay for it not you.

11/4/2011
Irving/Tx
Jennifer J.
Bradley/Nimitz
No one is entitled to welfare money. I completely agree with the drug testing. If the government is generous enough to give out free money for those in need, then those in need should follow any conditions that the government applies to that money. It doesn't break the fourth amendment because it's not against the applicant's will. If s/he wants the money, then s/he'll take a drug test. If s/he doesn't take the drug test and pass, then s/he doesn't get the money. It's as simple as that. Unless the applicant is in fear of failing their drug test, there's no reason for complaint; they're getting FREE money.

11/4/2011
Irving/TX
Fatema J
Bradley/Nimitz
The first thing the Americans ought to understand is that the government providing the people with welfare is a privilege, and not a right! Therefore, the fourth amendment is nowhere to violated in this case. And thus, the government has the right to take a drug test on the welfare recipients because they must ensure that the people are not misusing this money on illegal activities. Also, on the whole, drug abuse would be controlled to a great extent.

11/3/2011
Benson/AZ
Stacey
Mr.Sorenson/Benson High School
I believe that it's a stereo-type to test the poorer halves on durgs. On clearly it proves that not even close to a quarter of the people tested dirty, so there is no need for someone that is applying for assistance from the governemnt to pay out of their own wallet for something that is required to complete.

11/2/2011
Irving, TX
Ali
Bradley/Nimitz
Americans tend to forget that government welfare programs are not a right. The government is not required by the Constitution to give money to anyone. Welfare is a privilege the government provides to help us through hard times. There is no right violated by requiring a drug test for welfare applicants because welfare in itself is not a right. Because welfare comes from government money and government money comes from taxpayers, I think the government has every right to drug screen welfare applicants. No one wants their taxes to help pay for someone’s drugs, and the government doesn’t and shouldn’t want to waste money on people misusing their welfare payments. Considering drugs are illegal, it is not an invasion of someone’s privacy to require drug tests to get government money. Think about it: using government, taxpayer money for illegal activities. Sounds wrong, doesn’t it? This law is not unreasonable in any way, and it should stay.

11/2/2011
Irving/TX
Juan M
Bradley/Nimitz
I believe that drug testing for welfare does not violate the fourth amendment. The reason why I believe so is because it could help people out who uses any drugs to quit. I believe the only people who would get mad at it would be the ones who actually uses drugs. And the people who do not, should not even worry or make a big deal about it. But when it comes to the government ensuring that the applicants aren't spending money on drugs, is an invasion of their privacy.

11/2/2011
Irving/TX
Michael P.
Bradley/Nimitz
Drug testing does not violate the fourth amendment when it involves money. If someone is applying for a job they may be asked to take a drug test which is reasonable and has been accepted by society. So why cant the government do it when people are taking government money? The government has a right to know where your money is being spent. A prime example of this is taxes. Weather it be property taxes, state taxes, national taxes, or even product taxes, are all spent on everything we buy. So the government is already keeping tabs on the peoples spending habits so they have every right to do drug tests to ensure government money is being spent on necessities. Drug testing violates the fourth amendment when the government does it for no reason and has no suspicion that money may be mishandled. The government believed that money was being mishandled and they caught 32 of them which saved them money in the long run. In my opinion, all possibilities of violation of privacy was reversed as soon as the citizen asked for government help financially.

11/2/2011
Irving, TX
Ashley Bo
Bradley/Nimitz
Drug tests for welfare does violate the Fourth Amendment. There should be no reason to search if somebody uses drugs. I do not think the government have the right to ensure welfare applicants are not spending money on drugs or misusing it. It is their problem. They should decide the way the spend their money even if they are wasteful. Having problems with drugs should not disqualify somebody from having welfare. We all should care about having them alive. I think the tests are an invasion of someone's privacy.

11/2/2011
Irving,Tx
Rosa L
Bradley/Nimitz
Drug testing for welfare nonsense. It is logical that the government does not want the money to be given to drugs, but surely the person using drugs has as much right to receive welfare money as much as the next person. Having problems with drugs should not automatically disqualify the person there are plenty of “clean” people that are involved in way more than some drug users. Drug testing is an invasion of an individuals privacy. In the applications it usually asks whether the person requesting welfare have been in trouble with the law. This could disqualify the person rather than invading their privacy.

11/2/2011
Irving/TX
Tambra B.
Bradley/Nimitz
I believe Judge Scriven was correct in ruling that drug tests are a form of search, and that the states lack legal reasons for doing the test - it honestly amounts to profiling. So yes, drug test people applying for welfare is a violation of the Fourth Amendment. That Florida law is just a way to satisfy some peoples low opinioned suspicions about the poor. The way Ms. Schultz puts it- as a "common-sense way" to ensure proper use of welfare funds, is entirely fictional. If that were a true aim for any state government, there would be far more monitoring of who is getting welfare and what they're spending/using it on. I would say, however, that I personally think that if a person chooses to apply for welfare when they know they're required to drug test, it's the same principle as when a person chooses to apply for a job when they know they could be drug tested: have them sign an understanding waiver, and it's okay.

11/1/2011
Springfield/PA
Nikki
McRae/Springfield High School
In my opinion, one should not be required to take a drug test unless applying for a job. Otherwise, there is no reason to need to know the personal life of others and violate the Fourth Amendment to the U.S. Constitution, which protects against unreasonable search and seizure. It should be acceptable for applying for jobs, maybe, because the company/job is paying whoever works for them with their money and should have the right to test their employees for drugs simply for the reason that they would not want their employees to be involved with this. Other than having to be tested for a job, testing people randomly with no suspicion is not constitutional.

11/1/2011
Springfield, PA
Amy
McRae/Springfield High School
I believe every person applying for welfare should be drug tested. It’s the government's money who is going to aid people. The government aid is generally taken from the taxes of those not on welfare. Once this government aid is in the hands of the citizen, there is no longer a way to keep track of what the money is being spent on. A drug test should be passed to be eligible for welfare because then the government can have a good idea that their own money isn’t being spent on illegal substances. It’s only fair as long as everyone applying is tested. It becomes unfair when only specific people are targeted in these drug tests. Although there is a certain right to privacy, drug testing doesn’t violate this right. If athletes in school can be randomly drug tests, citizens applying for government welfare should also be tested. Companies also have the right to drug test randomly. Overall, if a citizen is applying to using government aid, there should be little argument about a drug test. It’s simply to make sure the aid is going to the right place, rather than fuel addictions.

11/1/2011
Watertown, MA
Claudia
RIMAS/ Watertown High
I think that doing the drug test for welfare does not violate their privacy. It's a simple test to verify if you abuse drugs or not.

10/28/2011
Watertown , MA
Michele
Rimas
I think that people applying for welfare should be drug tested. I think that the economy is already in a bad place, the money shouldnt be used on drugs when they could be used to funding educational or helpful programs

10/28/2011
watertown, massachusettes
Jaime
rimas: watertown high school
I think that you should take a drug test if you're applying for a job so that the company does not have drug addicts in the work place. However once you have the job, the person who hired you knows what kind of a person you are and therefore random drug tests would not be necessary. With that being said, I do think that random drug tests violate the fourth amendment.

10/28/2011
Watertown MA
Casey
Rimas, Watertown High School
I think that it is based on the whole situation. I think that if you fail a drug test once it shouldn't make you a bad person. But if a person continues to fail drug tests and are addicted to pills/drugs then they should be judged if they are doing something work/business related etc.

10/26/2011
Watertown, MA
Bryan
Rimas, Watertown high school
If you fail a drug test for a job then your future with that company is ruined. If I owned a company then I personally wouldn't want a bunch of drug addicts working for me. I say that it does not, random drug tests do violate the fourth amendment.

10/26/2011
Watertown MA
Alec
Rimas Watertown High scool
I personally think based on the persons situation they should or should not be drug tested. For example if the persons current health requires them to use drugs, they should not be penalized. Also the person could be living in depression and it could be the only thing keeping them alive.

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