Transcript Vernonia School District V Acton

Vernonia School District V Acton
• Oregon-Late 1980’s school officials
recognized higher rate of drug use among
athletes
• Student athletes were role models and
admired-school and community
• Athletes were recognized now as drug
users but leaders of drug culture
• Poor athletic/dangerous performance
What to do?
• All extra curricular students-10% weekly random
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testing
Is “Reasonableness” justified in urine testing of
all students? Does this constitute an illegal
search???
Warrants are NOT always necessary-Places with
“special needs-” a school
The Supreme Court held that although the tests
were searches under the Fourth Amendment,
they were “REASONABLE” Searches
What is “Reasonable Suspicion?”
• Less than probable cause but MORE than a “hunch or a
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suspicion.”
Police may search a detained person for “weapons” but
not drugs.
A “Terry Stop”-BRIEF detention by the police on
“reasonable suspicion” of their involvement in a crime
Traffic stops count
“May I search your car?” NO-I do not consent to a
search.
Or sure, go ahead.
continued
• Without a warrant, police may not search
the car unless weapons or contraband are
in plain sight.
• The police may not move objects to get a
better view
• Police protect the public. 99.9% percent
are honorable. No one is perfect
Exclusionary Rule
• Evidence gathered illegally can be “excluded”
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from trial
Mapp V. Ohio-Police search Dollree’s home
without a warrant looking for gambling
evidence. They found porn instead. She was
arrested for having obscene material. The court
overturned her conviction and “Excluded” the
obscene material.
Exclusionary rule-means to prevent police
misconduct.