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Date:   26-1-2020

Tags:   answer

Why drug testing is unconstitutional | Inquirer Opinion

But it is blatantly unconstitutional to test everyone who wants to drive. The exception swallows whole the rule that a warrant is generally required to search one's body fluids. The US 2002 Earls decision did broadly allow drug testing for schoolchildren only, because of the need to supervise them.


Link:   https://opinion.inquirer.net/100293/drug-testing-unconstitutional

Date:   19-3-2020

Tags:   quiz

Constitutional Protections - Drug Testing

Drug testing, although in itself deemed legal, may be subject to constitutional challenge if testing results are indiscriminately divulged, if procedures for obtaining personal specimens do not respect the privacy rights of the person, or if testing is unnecessarily or excessively imposed.


Link:   https://drugtesting.uslegal.com/constitutional-protections/

Date:   19-3-2020

Tags:   exam

Student Drug Testing: Relevant Case Law | American Civil ...

Willis v. Anderson Comm. Sch. Corp, 158 F.3d 415 (7th Cir. 1998): The Seventh Circuit held unconstitutional a policy of drug testing any student who was suspended or violated specific rules. In this case, a student was threatened with expulsion when he refused to take a drug test demanded by the school district after his suspension for fighting.


Link:   https://www.aclu.org/other/student-drug-testing-relevant-case-law

Date:   15-3-2020

Tags:   test

Drug Law Reform | American Civil Liberties Union

Drug laws should reflect the collective will of the populace. Jail time for simple marijuana possession is common in certain jurisdictions, even though 9 out of 10 adults believe people who possess or use small amounts of marijuana should not face any jail time.Even for individuals who are never incarcerated, collateral consequences that flow from their arrests and convictions—such as lost ...


Link:   https://www.aclu.org/issues/criminal-law-reform/drug-law-reform

Date:   27-3-2020

Tags:   exam

According To Washington, Random Drug Tests Are ...

According To Washington, Random Drug Tests Are Unconstitutional; According To Washington, Random Drug Tests Are Unconstitutional. There is no bigger violation of privacy than someone telling you to piss in a cup. Luckily, a Supreme Court Judge thinks they're as unconstitutional.


Link:   https://herb.co/news/legalization/washington-random-drug-tests-unconstitutional/

Date:   24-2-2020

Tags:   quiz

Drug Testing :: Fourth Amendment -- Search and Seizure ...

Drug Testing.—In two 1989 decisions the Court held that no warrant, probable cause, or even individualized suspicion is required for mandatory drug testing of certain classes of railroad and public employees. In each case, "special needs beyond the normal need for law enforcement" were identified as justifying the drug testing. In Skinner v.


Link:   https://law.justia.com/constitution/us/amendment-04/25-drug-testing.html

Date:   20-3-2020

Tags:   answer

Florida's Drug Testing of Welfare Applicants Ruled ...

Florida's Drug Testing of Welfare Applicants Ruled Unconstitutional A federal appeals court on Wednesday upheld a lower federal court ruling that Gov. Rick Scott's crusade to conduct drug tests on ...


Link:   https://www.governing.com/topics/health-human-services/tns0florida-drug-test-welfare.html

Date:   14-2-2020

Tags:   quiz

Drug Testing For Welfare Recipients: Constitutional ...

Drug testing is now prohibited for welfare recipients residing in Florida, Georgia, and Alabama, after the U.S. Court of Appeals for the Eleventh Circuit ruled that the government does not have a strong enough interest to justify giving suspicionless drug tests to welfare applicants.


Link:   http://campbelllawobserver.com/drug-testing-for-welfare-recipients-constitutional-violation-or-public-necessity/

Date:   23-2-2020

Tags:   exam

Drug Testing and Cannabis: An Unconstitutional Practice ...

The acceptance of drug testing is relatively new. In fact, there was a time when drug testing was widely regarded as an unconstitutional practice.


Link:   https://www.wikileaf.com/thestash/cannabis-and-drug-testing/

Date:   23-1-2020

Tags:   test

Drug Tests for Welfare Recipients - Snopes.com

In 1999 the state of Michigan implemented a program requiring random drug testing for welfare recipients, but that program was halted after a federal court ruled that it violated Fourth Amendment ...


Link:   https://www.snopes.com/fact-check/drug-tests-for-welfare-recipients/

Date:   24-3-2020

Tags:   answer

The Supreme Court: Testing Politicians for Drugs - InfoPlease

The Supreme Court ruled this law unconstitutional on April 15, 1997. Walker Chandler, who ran for lieutenant governor in Georgia in 1994, took and passed the required drug test, but filed suit questioning the validity of the law. The legal battle took three years to get to the Supreme Court.


Link:   https://www.infoplease.com/us/government/judicial-branch/the-supreme-court-testing-politicians-for-drugs

Date:   22-2-2020

Tags:   exam

Drug testing law unconstitutional - The News-Press

Despite repeated court decisions finding that the welfare drug testing law is unconstitutional, Scott and his lawyers have refused to back down from their position that the urine tests are needed ...


Link:   https://www.news-press.com/story/news/2014/12/03/court-rules-floridas-drug-testing-law-unconstitutional/19863921/

Date:   27-1-2020

Tags:   test

Court Rules Random Drug Tests After DUI Arrests Are ...

Court Rules Random Drug Tests After DUI Arrests Are Unconstitutional. By Maureen Meehan October 9, 2017 April 5th, ... All three challenged the drug testing conditions as violating federal and ...


Link:   https://hightimes.com/news/court-rules-random-drug-tests-dui-arrests-unconstitutional/

Date:   13-2-2020

Tags:   answer

Supreme Court Rules Random Drug Tests Are Unconstitutional ...

Supreme Court Rules Random Drug Tests Are Unconstitutional. Staff October 16, 2017 Zenpype Buzz 1 Comment. The Washington Supreme Court recently ruled that requiring people arrested for driving under the influence to submit to random urinalysis tests is unconstitutional.


Link:   https://zenpype.com/supreme-court-rules-random-drug-tests-are-unconstitutional/

Date:   23-2-2020

Tags:   answer

Drug Testing in the Workplace: Everything You Need to Know

What Is Drug Testing in the Workplace? Drug testing in the workplace involves testing prospective employees or current employees for drug use. Random drug testing of workers has steadily been increasing since 1986, leading to serious consequences such as damage to reputations, loss of privacy, emotional distress, and termination of employment.


Link:   https://www.upcounsel.com/drug-testing-in-the-workplace

Date:   17-3-2020

Tags:   exam

Welfare drug testing ruled unconstitutional « Drug WarRant

Welfare drug testing ruled unconstitutional. Link. A federal judge on Tuesday struck down a law requiring Florida cash welfare recipients first pass a drug test. The law, enacted in 2011, had been temporarily blocked by a federal judge under grounds that it might constitute an illegal search and seizure.


Link:   http://www.drugwarrant.com/2013/12/welfare-drug-testing-ruled-unconstitutional/

Date:   28-1-2020

Tags:   answer

Drug Testing for Welfare Recipients and Public Assistance

States have proposed drug testing of applicants and recipients of public welfare benefits since federal welfare reform in 1996. The federal rules permit drug testing as part of the Temporary Assistance for Needy Families block grant. In recent years, nearly all states have proposed some form of drug testing or screening for applicants.


Link:   https://www.ncsl.org/research/human-services/drug-testing-and-public-assistance.aspx

Date:   28-3-2020

Tags:   quiz

Employee Drug Testing Rights - How to pass a drug test

Depending upon the facts and circumstances surrounding the drug testing procedure, it may be unconstitutional to be required to provide such a sample. The constitutionality of drug testing, the United States Supreme Court has said, depends upon the "reasonableness" of the employee drug testing in that situation.


Link:   https://www.detoxforless.com/drug-testing-information/employment.html

Date:   17-1-2020

Tags:   quiz

Florida drops bid to require drug tests for welfare ...

MIAMI-- Florida Gov. Rick Scott will not seek U.S. Supreme Court review of a law that would have required applicants for welfare benefits to submit to mandatory drug testing.


Link:   https://www.cbsnews.com/news/florida-declines-to-appeal-further-in-case-of-welfare-drug-testing/

Date:   28-2-2020

Tags:   quiz

Florida Law on Drug Tests for Welfare Is Struck Down - The ...

KEY WEST, Fla. — A federal judge on Tuesday struck down as unconstitutional a Florida law that required welfare applicants to undergo mandatory drug testing, setting the stage for a legal battle ...


Link:   https://www.nytimes.com/2014/01/01/us/florida-law-on-drug-testing-for-welfare-is-struck-down.html

Date:   11-3-2020

Tags:   quiz

What 13 states discovered after spending hundreds of ...

While universal drug testing for TANF was ruled unconstitutional in 2014, 13 states now require either applicants or beneficiaries with a "reasonable suspicion" of drug misuse be tested: Alabama, Arkansas, Arizona, Kansas, Maine, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee, Utah, Wisconsin, and West Virginia.


Link:   https://archive.thinkprogress.org/states-cost-drug-screening-testing-tanf-applicants-welfare-2018-results-data-0fe9649fa0f8/

Date:   12-1-2020

Tags:   quiz

Why Yes, Members Of Congress Would Be Happy To Take Drug Tests

Why Yes, Members Of Congress Would Be Happy To Take Drug Tests. ... Brady said that the current unemployment drug testing policy only applies to people who'd lost their jobs because of drug use or who were seeking new employment in an occupation where testing is common.


Link:   https://www.huffpost.com/entry/why-yes-members-of-congress-would-be-happy-to-take-drug-tests_n_58d2defae4b02d33b7483c5c

Date:   15-2-2020

Tags:   answer

Drug Testing - Federal Court Opinions - FindLaw

Mandatory Suspicionless Testing of Student Athletes Ruled Constitutional. The legal foundation for suspicionless student drug testing rests upon Vernonia v.Acton (1995). In that landmark decision, the Supreme Court upheld the constitutionality of a school policy requiring student athletes to pass random urinalysis tests as a ground for participation in interscholastic sports.


Link:   https://education.findlaw.com/student-rights/drug-testing-federal-court-opinions.html

Date:   21-1-2020

Tags:   exam

Official: Food stamp drug tests would violate federal law

Official: Food stamp drug tests would violate federal law. Gov. Scott Walker's proposal to drug test some food stamp recipients violates federal law and cannot go forward without an act of ...


Link:   https://www.jsonline.com/story/news/politics/2017/01/11/official-food-stamp-drug-tests-would-violate-federal-law/96438832/

Date:   13-2-2020

Tags:   exam

Court Strikes Down Drug Tests for Florida Welfare ...

MIAMI — A federal appeals court on Wednesday struck down a 2011 Florida law requiring drug tests for people seeking welfare benefits even if they are not suspected of drug use, a measure pushed ...


Link:   https://www.nytimes.com/2014/12/04/us/politics/court-strikes-down-drug-tests-for-florida-welfare-applicants.html

Date:   14-3-2020

Tags:   quiz

WA high court says random school drug testing unconstitutional

WA high court says random school drug testing unconstitutional . Originally published March 13, 2008 at 12:00 am Updated March 13, 2008 at 6:55 pm . Other states allow it. The U.S. Constitution ...


Link:   https://www.seattletimes.com/seattle-news/wa-high-court-says-random-school-drug-testing-unconstitutional/

Date:   19-3-2020

Tags:   test

Pre-Employment Drug Testing Policy Held Unconstitutional ...

by Ricardo L Gilmore, Esq., and Michael J Roper, Esq. Published in FAHROgram November/December 2014. As Florida public employers, housing authorities should be aware of a recent case regarding the constitutionality of a governmental body's personnel policy that mandated drug testing for all job applicants.


Link:   https://www.saxongilmore.com/pre-employment-drug-testing-policy-held-unconstitutional/

Date:   26-2-2020

Tags:   quiz

Suspicionless Drug Testing Ruled Unconstitutional; States ...

The implementation and subsequent ruling against the Florida law shows that suspicionless drug testing is unconstitutional, ineffective, and costly. In the four months that Florida administered universal drug testing before an injunction was issued, the state found that just 2.6 percent of applicants had failed the drug test.


Link:   https://www.clasp.org/blog/suspicionless-drug-testing-ruled-unconstitutional-states-shift-propose-suspicion-based-laws

Date:   27-3-2020

Tags:   answer

PDF Constitutional Analysis of Suspicionless Drug Testing ...

Constitutional Analysis of Suspicionless Drug Testing Requirements for the Receipt of Governmental Benefits David H. Carpenter Legislative Attorney March 6, 2015 Congressional Research Service 7-5700 www.crs.gov R42326


Link:   https://fas.org/sgp/crs/misc/R42326.pdf

Date:   22-1-2020

Tags:   quiz

Knox County: Evaluating the Constitutionality of ...

The challenged procedures were: "(1) suspicionless drug testing for all individuals who apply for, transfer to, or are promoted to 'safety sensitive' positions within the Knox County School system, including teaching positions; and (2) 'reasonable suspicion' drug and/or alcohol testing of all school employees.


Link:   https://drugtestingcourses.com/news/knox-county-evaluating-the-constitutionality-of-suspicionless-and-reasonable-suspicion-testing-programs/

Date:   11-2-2020

Tags:   answer

Why drug testing is unconstitutional | Inquirer Opinion

The US 2002 Earls decision did broadly allow drug testing for schoolchildren only, because of the need to supervise them. But even Earls reiterated: “Urination is ‘an excretory function traditionally shielded by great privacy.’” Second, costly but clearly ineffective drug policies must be unconstitutional.


Link:   https://opinion.inquirer.net/100293/drug-testing-unconstitutional

Date:   28-3-2020

Tags:   answer

Constitutional Protections – Drug Testing

Drug testing, although in itself deemed legal, may be subject to constitutional challenge if testing results are indiscriminately divulged, if procedures for obtaining personal specimens do not respect the privacy rights of the person, or if testing is unnecessarily or excessively imposed.


Link:   https://drugtesting.uslegal.com/constitutional-protections/

Date:   11-2-2020

Tags:   quiz

According To Washington, Random Drug Tests Are ...

via GIPHY. The dissent was likely issued because of the extreme circumstances of this case. While the decision may set a precedent for other cases to be decided in a similar way, it’s likely that the Washington’s Supreme Court does not think all urinalysis was unconstitutional, such as when it is used in cases where courts have the legal authority to prohibit intoxication.


Link:   https://herb.co/news/legalization/washington-random-drug-tests-unconstitutional/

Date:   16-2-2020

Tags:   quiz

Drug Law Reform | American Civil Liberties Union

Drug laws should reflect the collective will of the populace. Jail time for simple marijuana possession is common in certain jurisdictions, even though 9 out of 10 adults believe people who possess or use small amounts of marijuana should not face any jail time.Even for individuals who are never incarcerated, collateral consequences that flow from their arrests and convictions—such as lost ...


Link:   https://www.aclu.org/issues/criminal-law-reform/drug-law-reform

Date:   20-3-2020

Tags:   quiz

Drug Testing :: Fourth Amendment -- Search and Seizure ...

Drug Testing.—In two 1989 decisions the Court held that no warrant, probable cause, or even individualized suspicion is required for mandatory drug testing of certain classes of railroad and public employees. In each case, “special needs beyond the normal need for law enforcement” were identified as justifying the drug testing. In Skinner v.


Link:   https://law.justia.com/constitution/us/amendment-04/25-drug-testing.html

Date:   25-2-2020

Tags:   exam

Drug Testing For Welfare Recipients: Constitutional ...

Drug testing is now prohibited for welfare recipients residing in Florida, Georgia, and Alabama, after the U.S. Court of Appeals for the Eleventh Circuit ruled that the government does not have a strong enough interest to justify giving suspicionless drug tests to welfare applicants.


Link:   http://campbelllawobserver.com/drug-testing-for-welfare-recipients-constitutional-violation-or-public-necessity/

Date:   29-3-2020

Tags:   test

Drug Testing and Cannabis: An Unconstitutional Practice ...

The acceptance of drug testing is relatively new. In fact, there was a time when drug testing was widely regarded as an unconstitutional practice.


Link:   https://www.wikileaf.com/thestash/cannabis-and-drug-testing/

Date:   10-2-2020

Tags:   exam

Welfare drug testing ruled unconstitutional « Drug WarRant

Welfare drug testing ruled unconstitutional. Link. A federal judge on Tuesday struck down a law requiring Florida cash welfare recipients first pass a drug test. The law, enacted in 2011, had been temporarily blocked by a federal judge under grounds that it might constitute an illegal search and seizure.


Link:   http://www.drugwarrant.com/2013/12/welfare-drug-testing-ruled-unconstitutional/

Date:   15-3-2020

Tags:   exam

Student Drug Testing: Relevant Case Law | American Civil ...

Anderson Comm. Sch. Corp, 158 F.3d 415 (7th Cir. 1998): The Seventh Circuit held unconstitutional a policy of drug testing any student who was suspended or violated specific rules. In this case, a student was threatened with expulsion when he refused to take a drug test demanded by the school district after his suspension for fighting.


Link:   https://www.aclu.org/other/student-drug-testing-relevant-case-law

Date:   20-3-2020

Tags:   exam

Florida's Drug Testing of Welfare Applicants Ruled ...

Florida's Drug Testing of Welfare Applicants Ruled Unconstitutional A federal appeals court on Wednesday upheld a lower federal court ruling that Gov. Rick Scott's crusade to conduct drug tests on ...


Link:   https://www.governing.com/topics/health-human-services/tns0florida-drug-test-welfare.html

Date:   25-3-2020

Tags:   exam

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