Wednesday, October 13, 2010

Students and the Fourth Amendment

Students should be required to undergo random drug tests to participate in extra-curricular activities for the safety of the students and for the optimum learning environment. Students have limited rights in school so their constitutional rights outside of school are not completely applicable inside school. Some may argue that the Fourth Amendment protects students from drug testing, however, this is not entirely true. Participating in extra-curricular activities is a privilege and drug testing would ensure fairness in the sport or activity.

In both the Vernonia v. Acton and Board of Education v. Earls cases the court deemed random drug testing acceptable. It isn't an invasion of privacy because most of these activities require a physical at their doctors office prior to participation in the activity. Part of the physical includes peeing in a cup. So, the drug testing would be no different.
Students privacy and Fourth Amendment rights aren't; the same in school. If there is probable cause for the school to investigate a students belongings it is their responsibility to do so. It is better for the school to be over cautious when it comes to the safety of the students. As long as there is probable cause or a suspicion then it is justified for student searches. In the case N.N. v. Tunkhannock Area School District, a girl got her phone taken away for using it during school. After it was confiscated an administrator searched the phone and discovered nude photos of the girl. She proceeded to take this case to court for invading her privacy and Fourth Amendment rights. In this case, the school administrators had no right to search her phone because she wasn't doing anything to make them suspect she is hiding something on her phone. The administration should have a reason for searching a students belongings and texting in school is not a justified reason for search.

There must be some present or suspected danger for a student to be searched. The drug problems in many schools is a justified reason for random drug testing because it is affecting the students health and well being.