Is drug testing of students who participate in extracurricular activities permitted under the fourth amendment?
fourth amendment states that a person has the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being …show more content…
My answer to that question is yes, the search falls under public safety. Seeing as drug use is against all school rules and is a matter of public safety, drug testing is permitted under the fourth amendment. Participation in extracurricular activities is a privilege by meeting and maintain a minimum grade point average to play sports, as well as following the rules set by the school one being no drug usage.
When taken to court The Supreme Court claimed that as long as there is reasonable grounds for suspecting that evidence will turn up during a search proving that the student has violated or is violating either the law or the rules of the school. Allowing for School officials searching a student who is under their authority without obtaining a warrant.
The case of New Jersey v. TLO (1985) being an example of the search without warrant. A young lady who was a student at a public high school was caught smoking on school premises, leading to the school performing a search of her personal belongings. She was charged for the dealing and ownership of the drugs found in the search. After the Supreme Court deemed it to be a reasonable search, because the school officials had a reasonable suspicion being the cigarettes to perform said
fourth amendment states that a person has the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Meaning that the people are protected from unreasonable searches and seizures by the government while it does not guarantee against all searches and seizures, only those the law deems unreasonable. Which is determined by the balance of two important interests being …show more content…
My answer to that question is yes, the search falls under public safety. Seeing as drug use is against all school rules and is a matter of public safety, drug testing is permitted under the fourth amendment. Participation in extracurricular activities is a privilege by meeting and maintain a minimum grade point average to play sports, as well as following the rules set by the school one being no drug usage.
When taken to court The Supreme Court claimed that as long as there is reasonable grounds for suspecting that evidence will turn up during a search proving that the student has violated or is violating either the law or the rules of the school. Allowing for School officials searching a student who is under their authority without obtaining a warrant.
The case of New Jersey v. TLO (1985) being an example of the search without warrant. A young lady who was a student at a public high school was caught smoking on school premises, leading to the school performing a search of her personal belongings. She was charged for the dealing and ownership of the drugs found in the search. After the Supreme Court deemed it to be a reasonable search, because the school officials had a reasonable suspicion being the cigarettes to perform said