Between 1988 and 1989 the number of disciplinary referrals in Vernonia schools rose to more than twice the number reported in the early 1980's, and several students were suspended. Each boy selected produces a sample at a urinal, remaining fully clothed with his back to the monitor, who stands approximately 12 to 15 feet behind the student. Expert testimony at the trial confirmed the deleterious effects of drugs on motivation, memory, judgment, reaction, coordination, and performance. We caution against the assumption that suspicionless drug testing will readily pass constitutional muster in other contexts. That the nature of the concern is important--indeed, perhaps compelling--can hardly be doubted. But a warrant is not required to establish the reasonableness of all government searches; and when a warrant is not required and the Warrant Clause therefore not applicable , probable cause is not invariably required either. And not least of all, it adds to the everexpanding diversionary duties of schoolteachers the new function of spotting and bringing to account drug abuse, a task for which they are ill prepared, and which is not readily compatible with their vocation.
Blackstone, Commentaries on the Laws of England 441 1769. James Acton plaintiff was not permitted to play football because his parents plaintiffs did not consent to drug testing. We noted, however, that the degree of intrusion depends upon the manner in which production of the urine sample is monitored. . It can be argued that, in Skinner, the disclosure went only to the medical personnel taking the sample, and the Government personnel analyzing it, see id. Accordingly, we reach the same conclusion as in Skinner: that the invasion of privacy was not significant. School sports are not for the bashful.
Cuddihy 1516-1519, 1552-1553 indicating that searches incident to arrest and prisoner searches were the only common personal searches at time of founding. In justifying this result, the Court dispenses with a requirement of individualized suspicion on considered policy grounds. Students became increasingly rude during class; outbursts of profane language became common. A subsequent request to send the case to the Oregon Supreme Court for a ruling on the legality of Vernonia's policy under the state constitution was denied by the Ninth Circuit. The United States Supreme Court granted certiorari to consider whether the policy violated the United States Constitution.
We went away for the weekend and we discussed it as a family. They started in the elementary school. Cuddihy, The Fourth Amendment: Origins and Original Meaning 1990 Ph. Supreme Court reversed the appeals court and ruled in Vernonia's favor. Because that is not the case here, I dissent. It generates the expense of defending lawsuits that charge such arbitrary imposition, or that simply demand greater process before accusatory drug testing is imposed. When they took this case to court the Acton's lost their case and the Judge believed that it didn't violate Jame's 14th or 4th amendment right.
If the second test is negative, no further action is taken. Because that is not the case here, I dissent. School years are the time when the physical, psychological, and addictive effects of drugs are most severe. Held: The Policy is constitutional under the Fourth and Fourteenth Amendments. When parents place minor children in private schools for their education, the teachers and administrators of those schools stand in loco parentis over the children entrusted to them. Students began to speak out about their attraction to the drug culture, and to boast that there was nothing the school could do about it.
Expert testimony at the trial confirmed the deleterious effects of drugs on motivation, memory, judgment, reaction, coordination, and performance. At that point, District officials began considering a drug testing program. The samples are sent to an independent laboratory, which routinely tests them for amphetamines, cocaine, and marijuana. It is rarely adversary in nature. The laboratory does not know the identity of the students whose samples it tests. In that case, we held that children at school do not enjoy two of the Fourth Amendment's traditional categorical protections against unreasonable searches and seizures: the warrant requirement and the probable cause requirement.
The most significant element in this case is the first we discussed: that the Policy was undertaken in furtherance of the government's responsibilities, under a public school system, as guardian and tutor of children entrusted to its care. The Court of Appeals appears to have agreed with this view. It even brought in a specially trained dog to detect drugs, but the drug problem persisted. On this record, then, it seems to me that the far more reasonable choice would have been to focus on the class of students found to have violated published school rules against severe disruption in class and around campus, see Record, Exh. There, we found reasonable suspicion to search a ninth-grade girl's purse for cigarettes after a teacher caught the girl smoking in the bathroom with a companion who admitted it. If a sample tests positive, a second test is administered as soon as possible to confirm the result. Accordingly, we reach the same conclusion as in Skinner: that the invasion of privacy was not significant.
Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. In the mid-to-Iate 1980's, however, teachers and administrators observed a sharp increase in drug use. What expectations are legitimate varies, of course, with context, id. The school board approved the Policy for implementation in the fall of 1989. To sum up what that means is that the school cannot search James Acton without a warrant or his permission. All student athletes are tested at the beginning of the season and students are selected at random for additional testing each week. In 1991 James Acton, a seventh-grade student, was not allowed to participate in interscholastic athletics after he and his parents refused to sign a consent form for drug testing.