NCJ Number
131626
Journal
Journal of Alcohol and Drug Education Volume: 36 Issue: 2 Dated: (Winter 1991) Pages: 32-41
Date Published
1991
Length
10 pages
Annotation
Focusing on the drug testing of student athletes in the public school, this paper attempts to determine whether the fourth amendment applies to the relationship between a student and an educational institution, whether the drug tests qualify as a search within the meaning of the fourth amendment, and whether a drug test is an illegal search and seizure in violation of the fourth amendment.
Abstract
The fourth amendment's protection against unreasonable searches and seizures emerges as the most substantive question involving the constitutional validity of drug testing. It is unlikely that the courts will look for ways to allow college and university drug testing of student athletes without a warrant and on something less than probable cause and likely that the courts will reject the challenges to random or blanket testing without any individualized suspicion. Institutions that choose to implement drug programs must recognize the student athlete's right to privacy. Drug programs need to emphasize education and treatment which will facilitate the goals of eliminating drug use with minimal intrusion of constitutional rights. 14 references