11th Cir: Florida Law requiring Drug Tests of Welfare Recipients Violates 4th Amendment

[NACBA]

Florida statute requiring suspicionless drug testing was unconstitutional in violation of the Fourth Amendment

Civil Rights - Florida statute requiring suspicionless drug testing was unconstitutional in violation of the Fourth Amendment

Encouraging employability, protecting children, and conserving public funds were not special needs that justified suspicionless searches of all applicants for benefits under the federal Temporary Assistance for Needy Families (TANF) program, and therefore, the Florida statute requiring applicants submit to suspicionless drug testing as a condition of eligibility for TANF benefits was unconstitutional for violating the applicants' Fourth Amendment right to be free from unreasonable searches. The state's concerns were general, rather than specific or special to TANF applicants. The state did not quantify the amount of TANF money that was used on the purchase or use of drugs. A study found that 5.2% of applicants tested positive for illegal use of controlled substances. The brief implementation of Florida's testing found 2.67% applicants tested positive.

 

[jmdrake]

Okay. I'm against the drug war and all. But why can you be drug tested to apply for a government job, but you can't be drug tested to apply for government benefits?

 

[JK/SEA]

Okay. I'm against the drug war and all. But why can you be drug tested to apply for a government job, but you can't be drug tested to apply for government benefits?

start drug testing cops and politicians then i might get on board with this...

 

[jbauer]

start drug testing cops and politicians then i might get on board with this...

OK!!!! Show me where to sign the petition.

 

[Anti Federalist]

So why is it OK to violate MY 4th Amendment rights?

 

[aGameOfThrones]

So why is it OK to violate MY 4th Amendment rights?

just pass a police dog by them when they are at the welfare office.

 

[willwash]

start drug testing cops and politicians then i might get on board with this...

TBF I think cops are drug tested, though undercover NARCs are allowed to take drugs to blend in with dealers...they just have to report it immediately and they are fine.

 

[coastie]

So why is it OK to violate MY 4th Amendment rights?

Oh, c'mon now , Cap'n......

The Fourth is out the window, and has been for a very long time. You should know in your line of business.

14 USC 89 ownz you.

 

[JK/SEA]

TBF I think cops are drug tested, though undercover NARCs are allowed to take drugs to blend in with dealers...they just have to report it immediately and they are fine.

cops are drug tested?...when..where?...and for what substances?...

did Wilson get drug tested after his 'justified' murder?....ha.

 

[mrsat_98]

So why is it OK to violate MY 4th Amendment rights?

I'm sorry to break it to you but you don't have any rights.

 

[Anti Federalist]

I'm sorry to break it to you but you don't have any rights.

Yeah yeah yeah, I know... *sigh*

Silly mundane me.

 

[Dary]

If this were allowed, then you could go in there stagger-ass drunk and still get your check.

But have a little THC in your piss, and oh hell no. No check for you.

 

[tod evans]

Okay. I'm against the drug war and all. But why can you be drug tested to apply for a government job, but you can't be drug tested to apply for government benefits?

Racist!

 

[GunnyFreedom]

Okay. I'm against the drug war and all. But why can you be drug tested to apply for a government job, but you can't be drug tested to apply for government benefits?

Thing is it's horribly impractical. It ends up costing twice as much to do as you actually save. So the only reason to do it is 'social programming,' and it ends up being a petty expensive program. Sure you can argue that welfare is voluntary, but it's the government. Give them XYZ power over welfare, and before too long they'll figure a way to have the entire country on welfare just so they can apply their rules.