Drug Testing in School

[Bennettresearch]

they shouldn't be able to. this kind of thing can be easily abused. today it may be drugs, tomorrow it could be some kids private religious material or a book the school finds offensive. if they are going to do it, they have to do it in a way that will not open them up to getting sued by parents for violating the students constitutional rights. they must have probable cause, or consent before initiating a search. to do otherwise is illegal.

they can only inspect the cars in the parking lot. that means looking through the windows, the undercarriage, and tire wells. they cannot open any doors or compartments, and the students do not have to give consent so they can. they can have their parking privilege removed for it, but still, the schools can't do anything extensive without either probable cause or consent, and technically law enforcement has to be present to conduct the search if it includes opening anything on the car.

they can however search school property, which is lockers and classrooms, and if you want to get anal, testing issued school textbooks for residue.

being able to justify something doesn't make it legal. its easy to justify something, for instance, robbing someone of a few thousand dollars, justification, the guy has a low paying job, and needed the money in order to buy a new engine for his p.o.s. car. still illegal, but justified. i love semantics games

Drekmed

hey Drek,

I'll agree with you that our rights are formost and this subject speaks of the national hysteria about legalizing pot because of the "kids". I don't like the fact that I have to drug test for work even though I don't take drugs, it still pisses me off (yuk yuk). I do, however, think that parents should have a fighting chance to at least know that their kids are taking drugs. Maybe they could have a program where the parents sign off on the subject whether they want their kid tested or not. I am not living in the past but I don't remember having much rights as a kid and a lot was expected of me. I think this is why I am not totally up in arms against this.

Craig.