4th Amendment
"The right of the people to be secure in their ______, ______, _____, and _______, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
persons, houses, papers, effects
It was the school rule violated that led to the search of the juvenile.
Smoking in the school lavatory (please elaborate with more facts)
These two teenagers' private parts were exposed during a search performed by school officials for illegal contraband.
Savana Redding & Marisa Glines (please elaborate with additionally facts of the case)
In 1991, if a student in Vernonia, Oregon participated in this, they were subjected to a drug test and them 10% of the participants were selected for random drug testing.
Interscholastic athletes (Please elaborate the case facts)
The difference between Vernonia and Earls is Vernonia tested all athletes, Earls tested all students who participated in.
All competitive extra-curricular activities. (academic club, Future Farmers of America, Future homemakers of America, choir, pom pom, band, and athletics.)
What the Crown used to enter and search any house they wanted without needing evidence of wrongdoing.
General warrants. The Founding Fathers wanted to protect people from this sort of invasion of privacy from the government.
This is what the juvenile wants to do with the evidence found in the search and her confession.
Suppress the evidence found in the search as well as her confession. (please elaborate why)
The reason why the search of Redding's belongings and outer clothing was constitutional.
Savana and Marisa friendship, previous connections to encounters with illegal contraband on school grounds, and an alleged house party where Redding served alcohol to underage classmates. All these connection gave reason to suspect Savana was involved in pill distribution.
The expectations of privacy were not violated for students who voluntarily participate in school athletics for this reason.
Student athletes have some reason to expect intrusions upon normal rights and privileges including privacy. (provide some of the examples the book gave)
The difference in how the urine samples were collected and monitored in Vernonia.
The men as well as the women were monitored outside a private stall.
The Fourth Amendment does not protect subjective expectations of privacy that are ____________ or otherwise "______________"
unreasonable; illegitimate
It is what the courts balance in determining the application of the Fourth Amendment in schools
The individual's expectation of privacy and security and the responsibility and duties of securing the safety of schoolchildren and their academic environment.
The reason why the search beyond the outer clothing was unconstitutional.
The content of the suspicion failed to match the degree of intrusion. (please elaborate on some of the reasons the Court gave)
The reason the manner of collecting the urine sample was not an intrusion.
The conditions were identical to to typical encounters in public restrooms.
The argument presented in regards to non athletes.
Non athletes have a stronger expectation of privacy since they are not subjected to physicals and communal undress.
TRUE OR FALSE : You give up some of your Fourth Amendment rights in certain situations such as flying on a public airline.
True
The two part test reasonableness test for searches AKA the "special needs" exception of the 4th Amendment
Part One: must be justified at its inception, Part Two: search is reasonably related in scope to the circumstances that justified the intrusion in the first place.
A moderate chance of finding evidence of wrongdoing.
Reasonable suspicion
The government concern at issue.
There was an evident drug concern and there was a particular danger to the athletes participating in sports eh=ngaged in drug use.
One added stipulation to the drug-testing policy different from Vernonia.
Must agree to be tested at any time upon reasonable suspicion.
The slightly different requirement for probable cause in public schools.
Reasonable suspicion
Two requirements that are not necessary for searches in schools but are normally required in other searches.
Warrant and Probable Cause
this defense protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Qualified Immunity. (How did this apply to Redding)
This Justice wrote in the dissent that suspicion-based drug testing was a more reasonable alternative.
Justice O'Connor
True of False : The number of 12th grades who use illicit drugs increased from 48.4 percent in 1995 (Vernonia) to 63.9 percent in 2001.
FALSE : 48.4 TO 53.9