Although random drug testing has not been a big issue over the past few years, Florida is determined to bring it back to life. This past week, Florida adopted two new drug testing requirements: one imposed on welfare recipients and the other on state employees. The irony is that these quintessential illustrations of Big Government were promoted by the Tea Party and one of its darlings, Governor Rick Scott.
Wasn't the Tea Party all about restoring limits on our government and protecting our constitutional rights?
The U.S. Supreme Court has repeatedly held that government-mandated drug testing is a "search" governed by the Fourth Amendment to the Constitution. That provision says in part: "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 mandates that government have "probable cause" before a search warrant is authorized. Random drug testing is what is known as a "suspicion-less" search. Even without probable cause to believe the person required to pee in a cup has done anything wrong, he or she is forced to turn over bodily fluids for government inspection.
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