Analysis of Public College Athlete Drug Testing Programs Through the Unconstitutional Condition Doctrine and the Fourth Amendment

• NCJ Number: 104501
• Journal: Southern California Law Review Volume: 60 Issue: 3 Dated: (March 1987) Pages: 815-850
• Author(s): S L Meloch
• Date Published: 1987
• Length: 36 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Under many college drug testing programs, student athletes must give random blood or urine samples: the athletes are required to consent to the test or waive their rights in order to participate in sports activities. This note considers whether such programs constitute an infringement of the right to privacy.

Abstract

An examination of whether the drug tests constitute an illegal search and seizure, the nature of consent, and reasonableness focuses on whether the school's desire to limit drug use is sufficient to overcome an individual's right to bodily privacy. It is shown that reasonable suspicion is necessary for a search to be reasonable and that the burden of proof placed on the individual is an intrusion upon bodily privacy caused directly by the college's requiring testing as a condition of athletic participation. As this is an unconstitutional condition, the consent forms athletes sign are invalid and do not serve as an exception to the warrant requirement. For colleges to have a constitutional drug testing program, the program must require a search warrant and individualized suspicion before an athlete must submit to testing. 137 footnotes.