| Read Time: < 1 minute | Fourth Amendment

A federal judge in Miami has ruled that the mandatory drug testing of government employees pursuant to Governor Scott’s Executive Order is unconstitutional.  You can read Judge Ungaro’s opinion here.

The Judge ruled that requiring drug testing of government employees violated the Fourth Amendment of the Constitution which prohibited unreasonable searches and seizures.  Judge Ungaro wrote that “The fundamental flaw with the Executive Order is that it infringes privacy interests in pursuit of a public interest which, in contrast to the concrete and carefully defined concerns inSkinner, Nat’l Treasury, and Vernonia, is insubstantial and largely speculative.

So what does all this mean?  Well the trial judge ruled that Governor Scott’s executive order was unconstitutional.  The judge ruled that the privacy interest were more important then the public interest, which was the goal of the order.

Call this one a score for protecting the Fourth Amendment and not allowing the government to infringe upon our private lives.

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Jay R. Rooth

Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.

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