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Tuesday, October 12, 2010

Students and the Fourth Amendment Response

While I truly believe that the ideas of the Fourth Amendment should be held to a high and serious standard, I do believe that the perameters laid out by the Supreme Court are both reasonable and necessary. The overall idea of the search of a student is well within the guidelines needed to keep students, teachers, and the school safe and well protected. In some cases, the search of a student may include that of a random drug test conducted in an extracurricular setting.
In the case of Vernonia vs. Acton, it was stated that when signing up for sports within a High School, students are willingly subjecting themselves to a lack of privacy such as changing, showering, and traveling with the team. When a student is knowingly signing up for a sport that involves a lack of privacy, who is to say that the school cannot then take necessary actions to ensure that their students are not taking part in illegal or harmful activity. While i personally don't agree with the idea of drug testing in a high school enviornment, I do understand why the courts would rule it within Constitutional rights to do so. Privacy cannot be an arguement when the idea of privacy is already halfway out the door.
The Supreme Court stated after the case of NJ vs. TLO and Vernonia vs. Acton that a warrant or probable cause was not necessary for the search of a student as long as the seach was reasonable as well as that drug testing was within Constitutional rights of the school to do so. After looking over the evidence that was presented in the cases as well as the debate in class, I have to say that I agree with the stance the Supreme Court has taken on drug testing within a High School enviornment.

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