Tuesday, December 17, 2019
Drug Testing Of The United States - 1430 Words
Firstly, the case involves a 4th Amendment of the constitution regarding the right to unreasonable search and seizures. Particularly, the case is about a Springfield University conducting random drug testing of the students because they have been getting various students cases, where a student was found to be involved abusing illegal controlled substances. The university conducted a survey to get knowledge from the students about abusing illegal substances such as marijuana, heroin, cocaine, methamphetamine etc. The result of the survey suggested that 15 percent of the student body uses illegal substances. Therefore, the university develops a law that every registered student is entitled to a random drug testing. Each and every studentâ⬠¦show more contentâ⬠¦Likewise, it will discuss two landmark cases similar to this case scenario. Then, after examining those two landmark cases, the decision for this case will be drawn out. Secondly, the 4th amendment to the constitution protects people against unreasonable search and seizures. In brief, the 4th amendment says that ââ¬Å"The right of the people to be secure in their persons, houses, papers, and effects, 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 searched, and the persons or things to be seized.â⬠(Westlaw, 2015) The amendment clarifies very nicely that people secure in their persons against unreasonable searches and seizures. Therefore, a drug test is constituted as a search in a person because the university is looking for something in a person. However, they are conducting a search without a probable cause because they have not arrested everyone for abusing the illegal drug. Moreover, only 15% of the student consent that they are using drugs, but not all the students accepted that they were usin g illegal drugs. Therefore, the university cannot conduct a search for every student because they do not have a probable cause that every student has used illegal drugs. Hence, the drug-testing policy of the university is an unlawful search. According to the public
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