Congressional Digest

Supreme Court Debates September 2002 No. 6 Vol. 5
Opinion of the Court

Student Drug Testing

Privacy Rights and Illegal Narcotics in American Schools

Opinion of the Court

Schools Can Test Students in Extracurricular Activities for Drug Use

The Fourth Amendment to the U.S. Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Searches by public school officials, such as the collection of urine samples, implicate Fourth Amendment interests. We must therefore review the school district’s policy for "reasonableness," which is the touchstone of the constitutionality of a governmental search. In the criminal context, reasonableness usually requires a showing of probable cause. The probable-cause standard, however, "is peculiarly related to criminal investigations" and may be unsuited to determining the reasonableness of administrative searches where the…

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