Tuesday, October 12, 2010

Students and the Fourth Amendment Right: Response

I agree with the supreme court, random student drug testing should be allowed and in fact it should be used for every student-athlete in high school sports across the country. It should be done because based on past studies it increases test scores and it actually increased sports participation. I don't really believe it should be used for everyone but I think for athletes it should be. It shows who is actually comitted to the sport versus who is not. Is invading the privacy of the athlete really an issue here? I don't feel it is, as an athlete you are already subject to the reduced expectation of privacy. Being an athlete you change in a locker room in front of your entire team, you use stalls that sometimes don't even have doors on them, and you take showers where all of the heads are lined up against the wall. A lot of times in the cases of the 4th amendment the issues comes down to privacy, in this I do not believe that there is an invasion of privacy. In a case regarding a 13 year old girl from Arizona, ( http://www.aclu.org/drug-law-reform/us-supreme-court-declares-strip-search-13-year-old-student-unconstitutional), the supreme court ruled the school's strip search of this girl was unconstitutional because of it being unreasonable. The reason that I agree with this is because based off what we learned in class about unreasonable search and seizures, this would fall under that category because a strip search of this girl with no past disciplinary issues was unreasonable. The only reason they had was because an unreliable source said that she gave her pills. The student privacy in schools these days are extremley violated by the deans or the administration, however I do believe there should be a student drug test policy for athletes because that is not an invasion of privacy.

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