Updated: 4/30/2012 1:45:40 PM EDT

Gov Loses Drug Testing Case

 

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Rick Flagg :

A drug testing law failed again in a legal test.
 
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by Rick Flagg and Alan McBride

TALLAHASSEE, FLA. -- A federal Judge in Miami said Thursday the governor's order requiring random drug testing for tens of thousands of state workers is unconstitutional.

In a 37 page ruling, District Judge Ursula Ungaro says Rick Scott's lawyers never showed a compelling need for the plan.

ACLU attorney Shalini Agarwal says that's what the Fourth Amendment in the Bill of Rights is all about.

People are to be secure from unreasonable searches, Agarwal noted.

"It's an unconstitutional search when the government seeks to collect and inspect a person's bodily fluids without any reasonable suspicion that they've done anything wrong," she said.

The governor's office says there will be an appeal, but this is the second time they've lost on this issue.

The decision also raises doubts about the legality of a bill passed by the legislature earlier this year that requires drug testing of state workers without cause.
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