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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.
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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 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 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” 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.