What Qualifications May a State Place on the Receipt of Benefits?

Drug Test? Who? Me?









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3 Responses to What Qualifications May a State Place on the Receipt of Benefits?

  1. Kells Bells says:

    Thank you, drive thru! Spot on, luv.

  2. gramifran says:

    If the ACLU wins it will open a pandora's box. Employee drug testing and physical exams, credit checks for employment, home rental, buying a car etc., alcohol check points and the list goes on and on and on and on.

    • ReaganTMan says:

      The spirit of the law is designed to protect citizens from unreasonable search and SEIZURE of property or person. Stopping your car without probable cause with the possibility of imprisonment is different than denying someone a job because they fail a drug test or denying someone public assistance.

      The correct way to view this is to ask yourself does the government or the employer have a right to take something from you due to unreasonable search and seizure. You never had the job or the public assistance before entering the process so therefore nothing is taken from you in an unreasonable fashion.

      It's totally reasonable to deny people things that they don't qualify for.

      If you are searched in your car, or what is defined here as "effects" and taken to prison because the search occurred without probable cause, that's a violation of your rights. If you are given a drug or alcohol test when you apply for a drivers license and denied the license because of failing the test, that's not. You didn't qualify.

      Probable cause requires a reason to stop you. Weaving, violating a traffic law, etc is why we can lock up drunk drivers, and we should. The person demonstrates they are not properly in control of their vehicle during the course of normal operation. Their behavior creates the probable cause. Checkpoints, on the other hand, are the same as "show me your papers."