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Criminal Procedure
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The State of Georgia is the only state that conditions an individual’s candidacy for state office on passing a drug test. Any candidate must submit the urinalysis drug test within 30 days prior to qualifying for nomination or election, and the results must be negative, indicating no drug use. The proscribed substances include marijuana, cocaine, and opiates. Libertarian party nominees for state office in 1994 (plaintiffs) requested declaratory and injunctive relief from the state statute mandating the drug test prior to taking office. The district court entered final judgment for the defendants. The United States Court of Appeals for the Eleventh Circuit upheld the statute, stating, among other reasons, that those seeking higher office in Georgia have a “diminished expectation of privacy.”
The rule of law is the black letter law upon which the court rested its decision.
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