{ "id": "RS21082", "type": "CRS Report", "typeId": "REPORTS", "number": "RS21082", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 104530, "date": "2002-07-15", "retrieved": "2016-05-24T20:07:02.284941", "title": "Student Drug Testing: Constitutional Issues", "summary": "Issues of personal privacy and application of Fourth Amendment safeguards against\n\"unreasonable\"\ngovernmental searches and seizures are the focus of judicial rulings on the constitutionality of\n\"suspicionless\" random drug testing of public school students. Generally speaking, governmental\nactors are required by the Fourth Amendment to obtain warrants based on probable cause in order\nto effectuate constitutional searches and seizure. An exception to ordinary warrant requirements has\ngradually evolved, however, for cases where a \"special need\" of the government, not related to\ncriminal law enforcement, is found by the courts to outweigh any \"diminished expectation\" of\nprivacy invaded by the search. The special needs analysis, first applied to administrative searches\nto enforce municipal health and safety regulations, has been extended by the Supreme Court to\nuphold suspicionless drug testing of employees in federally regulated industries, and random testing\nof high school student athletes. Revisiting the issue last term, in Board of Education of\nIndependent\nSchool District No. 92 of Pottawatomie County v. Earls , the U.S. Supreme Court upheld a\ndrug\ntesting program of students participating in non-athletic extracurricular activities, even though \nnegligible evidence of a drug use problem among such students was shown.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS21082", "sha1": "dbbad89632b3f41f2c14af6171837c461debb77e", "filename": "files/20020715_RS21082_dbbad89632b3f41f2c14af6171837c461debb77e.pdf", "images": null }, { "format": "HTML", "filename": "files/20020715_RS21082_dbbad89632b3f41f2c14af6171837c461debb77e.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions" ] }