ACLU Challenges Florida’s Mandatory Drug Tests For Housing

[mikita's helmet]

I thought you were of the opinion that in the interest of public safety sometimes these searches were both needed and okay. Which is it? Always unconstitutional or just when the liberal filter of ACLU deems it so.

Sensitive governmental positions where you have classified info, state secrets, etc., or access to personal information of citizens can require a background check when you're hired and if you're involved in a profession in which public saftey of others is involved, which has governmental reguation involved, like piloting a commercial jetliner.

 

[MassHavoc]

I skipped a few pages of the mindless wandering so I may have missed it. But I still haven't seen anyone prove that they are forcing these people to take a drug test. If the don't want to take the drug test they don't have to. Period. No rights infringed on.

 

[IceHogsFan]

Well in that case he's given you a reason I suppose. So you've taken the next step. I'll let mine learn on his own until I need to step in, assuming that day ever comes, which I doubt. I think there are certain aspects. But then that's you being a parent, not the school arbitrarily doing it for you.

Who ever said anything about a school raising a child? You made that assumption.I only said that I like having random drug test at our daughters high school. I don't care whether you think it is an infringement. It is not in my opinion nor do I feel that I am giving away her rights as a parent for choosing to have her go there.



Nor do I buy in to the philosphy that someone who applies for taxpayer funded benefits is giving up their rights by having a drug screen done to qualify for those benefits. Their right is not infringed upon from my perspective because they are choosing to apply. The ACLU take rights to the extreme and it is up to your interpertation of what those rights are. If that assumption is correct then military members should be trusted that they will always make the right choice in choosing to not be involvled with illegal narcotics.



Illegal search and seizure prevents the government and enforcement agencies from walking up to someone on the street and forcing them to take a drug screen and then locking them up if they fail. I would be against that however when that same individual goes to a state and/or federally taxpayer supported facility and requests benefits from them then the organization should be allowed to state that illegal narcotic use will not be tolerated on the premise nor will users of those narcotics and to prove it you must submit to a drug screen. I do not see nor do I feel that the person's rights are being infringed upon.

 

[winos5]

Sensitive governmental positions where you have classified info, state secrets, etc., or access to personal information of citizens can require a background check when you're hired and if you're involved in a profession in which public saftey of others is involved, which has governmental reguation involved, like piloting a commerial jetliner.

Operating a motor vehicle, boat or plane of any kind involves government regulation. Why is it only a public safety issue when done commercially? Doesn't the government have the same obligation to regulate highway/road safety when it comes to private/personal individuals?.

 

[mikita's helmet]

How are those constitutional violations??? Owning/operating a motor vehicle is not a right, it is a privilege.

S you think it's OK for the local PD to randomly check for drivers licenses and proof of insurance at highschools several times a year?



Can they also require the students to take a drug test?



Why don't they just ask them all swear an oath to the Constitution and the Pledge of Allegience while we're at it.

 

[winos5]

S you think it's OK for the local PD to randomly check for drivers licenses and proof of insurance at highschools several times a year?

Can they also require the students to take a drug test?



Why don't they just ask them all swear an oath to the Constitution and the Pledge of Allegience while we're at it.

So far the only people bitching about it in our community are the ones that got busted during the random checks.



The Texas University Interschoolastic League already requires random drug testing of highschool athletes. No one is forced to submit to the testing, only those that want to be involved in sports and compete for athletic schorlarships.

 

[Larmer83]

Doctors take payments from Medicaid and Medicare. When will they be required to undergo drug testing?



It's been a while, but my last dance with Mary Jane was provided by a Doc. I have friends in high places.

 

[mikita's helmet]

Operating a motor vehicle, boat or plane of any kind involves government regulation. Why is it only a public safety issue when done commercially? Doesn't the government have the same obligation to regulate highway/road safety when it comes to private/personal individuals?.

That's where the rubber meets the road. The tension between law enforcement doing their duty and your right to be from from unreasonable searches without probable cause. And as a law enforcement officer, without probable cause, you just can't just pull over any car you feel like it and search for drugs, check for a drivers license, etc.



The Supreme Court is full of decisions finding so.

 

[bubbleheadchief]

S you think it's OK for the local PD to randomly check for drivers licenses and proof of insurance at highschools several times a year?



Can they also require the students to take a drug test?



Why don't they just ask them all swear an oath to the Constitution and the Pledge of Allegience while we're at it.

I didnt say anything about drug tests.

Yes I am all for random check points to ensure that a person has the license he is legally required to have to operate a motor vehicle. And yeah, same goes for the proof of insurance too, as it is a requirement to operate that vehicle.

 

[IceHogsFan]

S you think it's OK for the local PD to randomly check for drivers licenses and proof of insurance at highschools several times a year?



Can they also require the students to take a drug test?



Why don't they just ask them all swear an oath to the Constitution and the Pledge of Allegience while we're at it.

Seriously, are you an attorney and if you are I would be curious to know if you are an ACLU affiliate?

 

[R K]

Who ever said anything about a school raising a child? You made that assumption.I only said that I like having random drug test at our daughters high school. I don't care whether you think it is an infringement. It is not in my opinion nor do I feel that I am giving away her rights as a parent for choosing to have her go there.



Nor do I buy in to the philosphy that someone who applies for taxpayer funded benefits is giving up their rights by having a drug screen done to qualify for those benefits. Their right is not infringed upon from my perspective because they are choosing to apply. The ACLU take rights to the extreme and it is up to your interpertation of what those rights are. If that assumption is correct then military members should be trusted that they will always make the right choice in choosing to not be involvled with illegal narcotics.



Illegal search and seizure prevents the government and enforcement agencies from walking up to someone on the street and forcing them to take a drug screen and then locking them up if they fail. I would be against that however when that same individual goes to a state and/or federally taxpayer supported facility and requests benefits from them then the organization should be allowed to state that illegal narcotic use will not be tolerated on the premise nor will users of those narcotics and to prove it you must submit to a drug screen. I do not see nor do I feel that the person's rights are being infringed upon.

Would you like to explain the 4th Amendment for us? You know, those of us that actually went to school to study it?



What's your Person? Where does your "Person" not exist? What's included in your "Person"?



Again, like I've asked you now three times, what differentiates an Alcoholic verses a Pot Head? The fact one is classified as a Drug and the other Not. I wouldn't hire you because I know you drink. Hows that work?

 

[mikita's helmet]

So far the only people bitching about it in our community are the ones that got busted during the random checks.

I'm sure some folks also have illegal firearms. Would you have a problem with the police coming to your neighborhood and searching your home and your neighbors' homes, and making you prove that any firearm you or a neigbor has is legally yours?

 

[R K]

Doctors take payments from Medicaid and Medicare. When will they be required to undergo drug testing?



It's been a while, but my last dance with Mary Jane was provided by a Doc. I have friends in high places.

Exactly. Where do you stop trampling the Constitution. IHF apparently doesn't understand the Fourth Amendment.

 

[winos5]

Doctors take payments from Medicaid and Medicare. When will they be required to undergo drug testing?



It's been a while, but my last dance with Mary Jane was provided by a Doc. I have friends in high places.

It's possible once you graduate from medical school and get your state license that if you operate a private practice you could evade further ongoing regular drug screening, provided you weren't sanctioned by a state medical board for any reason your entire career.. But in order to obtain that Medical Diploma, you will have submitted to random drug screening several times. My wife took 3 random drug screens during her LVN program, and again when she applied for her state license. During my training I was tested so often I lost count but it was in the military on top of multiple criminal background checks and credit background checks. All of my civilain employers have tested upon hire and randomly while I've been employed. Most healthcare professsionals get tested on a regular basis and submit rheeems of personal info to state medical boards to obtain and maintain licensure.

 

[IceHogsFan]

So far the only people bitching about it in our community are the ones that got busted during the random checks.



The Texas University Interschoolastic League already requires random drug testing of highschool athletes. No one is forced to submit to the testing, only those that want to be involved in sports and compete for athletic schorlarships.

Ding!

 

[R K]

I skipped a few pages of the mindless wandering so I may have missed it. But I still haven't seen anyone prove that they are forcing these people to take a drug test. If the don't want to take the drug test they don't have to. Period. No rights infringed on.

They are forcing them to give up their Constitutional Right to Privacy in order to participate in a Government Funded Program. You know that same Government in essence that gave them those inherent rights.



How people can not see a problem with this doesn't surprise me. This country is beyond fucked. So far from the foundation it's sick.

 

[IceHogsFan]

I'm sure some folks also have illegal firearms. Would you have a problem with the police coming to your neighborhood and searching your home and your neighbors' homes, and making you prove that any firearm you or a neigbor has is legally yours?

Stick with the discussion at hand please. We are talking about a specific situation.

 

[Larmer83]

Operating a motor vehicle, boat or plane of any kind involves government regulation. Why is it only a public safety issue when done commercially? Doesn't the government have the same obligation to regulate highway/road safety when it comes to private/personal individuals?.

That's an easy answer. A truck with a gross vehicle weight rating of 80,000 lbs or a truck hauling hazardous materials can wreak much more havoc than a private vehicle. Also, the use of amphetamines can be a problem as drivers of commercial motor vehicles try to violate hours-of-service rules.



In my work I spend a lot of time on the road. I really don't care to deal with a semi driver that get's by with a little help from his friends in order to stay awake for 20 hours.

 

[mikita's helmet]

I didnt say anything about drug tests.

Yes I am all for random check points to ensure that a person has the license he is legally required to have to operate a motor vehicle. And yeah, same goes for the proof of insurance too, as it is a requirement to operate that vehicle.

It's a slippery slope. Once you start giving up the right to be free of unreasonable searches for things you consider common sense, things that you may not consider to be common sense, like drug testing will be next, which RK has said they're trying to do in the Lake Zurich, IL comunity right now.

 

[R K]

It's possible once you graduate from medical school and get your state license that if you operate a private practice you could evade further ongoing regular drug screening, provided you weren't sanctioned by a state medical board for any reason your entire career.. But in order to obtain that Medical Diploma, you will have submitted to random drug screening several times. My wife took 3 random drug screens during her LVN program, and again when she applied for her state license. During my training I was tested so often I lost count but it was in the military on top of multiple criminal background checks and credit background checks. All of my civilain employers have tested upon hire and randomly while I've been employed. Most healthcare professsionals get tested on a regular basis and submit rheeems of personal info to state medical boards to obtain and maintain licensure.

Which is an acception violation of your Fourth Amendment. Most of my employers have done so as well. The "ONLY" reason I would allow my rights to be violated.



I also have a huge problem with Alcohol, which kills far more than "drugs" being legal. That's another can of worms, but clearly tied in here. I would garuntee most of these people here saying this is OK drink. Especially MASS!



So lets classify their Alcohol as a narcotic. It's clearly worse than Marijuana.