Employee Drug Testing Unconstitutional

Criminal Defense Attorney has just obtained the full text of a Florida Federal District Court ruling on employee drug testing. The court found where there is no legitimate safety concern, drug testing without probable cause violated the Fourth Amendment.

Case Excerpt:

Great news for Employees subjected to Florida Employee Drug Testing  – Unconstitutional Court says, “The [employee’s] Union here asks for a permanent injunction, which requires three elements: 1) there was a legal violation; (2) there is a serious risk of continuing irreparable injury if an injunction is not granted; and (3) there are no adequate remedies at law. (citation omitted). Here, the Court finds that the EO [Executive Order 11-58], as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it.” Defense Attorney Courtesy Copy of Complete Employee Drug Testing Opinion is here.

Drug Testing Problem? Call Casey at (813) 222-2220.

Tampa Attorney Casey Ebsary is available to help with Criminal Defense for University of South Florida Students and Faculty. At USF there is Student Code of Conduct that the University officials attempt to enforce, even for activities that are not on campus. There are 23 separate offenses that can cause the Office of Student Rights and Responsibilities to take action against a Student.  Criminal Defense Help is available to prepare for these disciplinary proceedings. In fact, I just spent a day helping a student. Initially, one University does not allow counsel to appear, but we still can help prepare a strategy. The deadlines to respond to these proceedings are tight. The criminal charges that cause the University to take action may not even have been filed. The Office of Student Rights and Responsibilities enforces, “USF System rules, policies and regulations.” Notably, ” Students accused of a crime may be prosecuted under the appropriate jurisdiction and also disciplined under the Student Code of Conduct.”

Discipline for Off Campus Activity

“USF System jurisdiction and discipline extends to conduct which occurs on USF System premises or which adversely affects the USF System community and/or the pursuit of its mission. Specifically, USF System officials may initiate disciplinary charges for conduct off campus when the behavior relates to the good name of the USF System; the integrity of the educational process; or the safety and welfare of the USF System community, either in its public personality or in respect to individuals within it; or violates state or federal law.”

Discipline For Non Arrest Events

“USF System disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and the Student Code of Conduct without regard to the pending civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Office of Student Rights and Responsibilities. Determinations made or sanction(s) imposed as a result of the Student Code of Conduct process shall not be subject to change because criminal charges arising out of the same facts giving rise to violation(s) of USF System policies were dismissed, reduced, or resolved in favor of or against the criminal law defendant.” 

Student Help Needed? Call Casey at (813) 222-2220