Drug Testing
True or False: The Earls case was about drug testing teachers at school.
False! Earls was about drug testing all students involved in extracurricular activities.
What standard of suspicion does a school need to search a student?
Reasonable suspicion
Are objects in "plain view" protected under the Fourth Amendment?
No! Example: contraband in your car that an officer can see through the window.
What were the students in Tinker (the armband case) protesting?
The Vietnam War.
What law school do Carly and Sam go to?
UConn Law
What was the school's reason for drug testing the student-athletes in Vernonia?
Acceptable answers: (1) drug problem at the school, (2) safety of the student-athletes, (3) student-athletes have a lower expectation of privacy
Can a school search a locker if they walk by and it smells like marijuana?
Yes
The Fourth Amendment protects people's rights to be secure in which of the following (multiple options may be right):
(a) persons
(b) houses
(c) papers
(d) effects
All of them!
True or False: teachers are prohibited from teaching about religion in school.
False. Teachers are allowed to provide neutral information about various religions where relevant.
What college did Carly go to?
Colgate University
Bonus Points: What sport did Carly play?
FREE QUESTION
AUTOMATIC POINTS!!!
Can a school search a student's backpack if another student reports that they brought prohibited items or contraband to school?
Yes. But just this information alone cannot lead to a more invasive search like a strip search without a finding of further evidence.
Name the three things the Fourth Amendment specifically prohibits.
(1) unreasonable searches, (2) unreasonable seizures, and (3) warrants without probable cause
A student posted on her Snapchat story, from home: "f*** cheerleading, f*** school, f*** everything." The school suspended her. Did this violate the student's First Amendment rights? Why or why not?
Yes! The court found the school could not show a disruption caused from the post.
What college did Sam go to?
Eastern Connecticut State University
Bonus Points: What sport did Sam play?
True or false: the school in Vernonia was allowed to drug test student-athletes under the Fourth Amendment since they had warrants?
False. They did not have warrants, nor did they need any.
Are schools prohibited from conducting strip searches?
No. The Court has never held that a school cannot conduct strip searched, only that the school cannot conduct strip searches when there is no reason to believe the search will turn up evidence of wrongdoing.
Name one reason why the Fourth Amendment was included in the Constitution's Bill of Rights.
Carly and Sam decide.
Remember the case where the students hung a banner with the phrase "BONG HiTS 4 JESUS"? The students were suspended. Did the suspension violate their First Amendment rights? Why or why not?
No. The court found the students' "speech" promoted illegal drug use and therefore was not protected.
What is Sam's favorite cookie?
Peanut butter cookies
Bonus Points: chocolate peanut butter cookies
In Earls, what were the two interests that the Court had to balance when considering whether drug testing of students involved in extracurricular activities was allowed under the Fourth Amendment?
The school's interest in safety of students (or deterring drug use) and the students' rights to privacy.
Are courts allowed to conduct strip searches of students under the Fourth Amendment?
Technically, yes. Redding found the school's strip search of Savannah Redding was unconstitutional because there was no evidence that the strip search would reveal evidence of wrongdoing. That means technically if there's a case where there is evidence that a strip search would reveal wrongdoing then it could be constitutional.
Are there more or less than 50 words in the Fourth Amendment?
More! There are 54 words in the Fourth Amendment.
When can a school punish a student's off campus speech?
When it is reasonably foreseeable that the speech will reach school grounds and cause a disruption.
What is Carly's favorite type of cookie?
Sugar Cookies