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Old 04-24-2011, 06:37 PM
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lisarea lisarea is offline
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Default Re: What the fuck, Florida?

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Originally Posted by California Tanker View Post
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because Rick Scott has declared his intention to drug test literally everyone who works for the state government four times a year, despite the fact that this is a very clear violation of the Fourth Amendment
Is it?
Yes.

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Federal civilian government employees are subject to routine drug testing, at least in DoT and DHS, this hasn't proven to be much of a Constitutional issue. Indeed, when I hold a drug test in my unit, I specifically have to read out that 'There is no probable cause or reasonable suspicion that anyone is the unit is using drugs' to emphasise that the mandatory testing is purely non-specific. (I have to do one a quarter, it's at my discretion as to when in that quarter).
Since about the 1980s, there has been a rule that allows/requires drug testing a limited number of civilian federal employees in specific roles, including those involved in security or who carry weapons. That was not uncontroversial, and it did bring up fourth amendment arguments. It really only went through because of an active moral panic over the drug war under Reagan.

It is still considered a violation of the fourth amendment to require employees in other roles, like statisticians or scientists or whatever, to submit to drug testing without reasonable suspicion.

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What's the difference between having to take a test to see if you're intoxicated on marijuana just because you happen to be working for the government vs taking a test to see if you're intoxicated on alcohol just because you happen to be exercising your freedom of movement?
Unlike blood alcohol tests or breathalysers, drug tests don't determine whether you are intoxicated. They determine whether you have any of the tested drugs in your system. Marijuana stays in your system for a really long time, long after any intoxicating effects have worn off.

And there's also a pretty big difference between operating a motor vehicle on a public roadway and sitting at a desk typing. Including the obvious difference between how your actions might affect others', and the fact that driving on public roadways is not considered a legal right.
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