Amendment4Search

Billy Yamaguchi, Marissa Trejo, Austin Sudgen

__ Amendment 4: Search and Seizure __ __Amendment 4__: 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 be searched, and the persons or things to be seized. **// __Pottawatomie vs. Earls__ //**

 In 2002, the Supreme Court tried a second attempt on the drug testing of students in after-school activities.

Lindsay and Lacey Earls wanted to participate in the choir and Future Farmers of America at Tecumseh High School. When the school in 1998, required random drug testing in all after-school activities including competition with other schools, the girls were forced to get tested by urine. It always said negative.

Soon after, they filed a lawsuit against the school, but they failed. The Court of Appeals was interested for the Tenth Circuit. They said that drug-testing students who are in after-school activities other than athletics was invading their Fourth Amendment rights.

The Supreme Court were interested in the school district. In a majoirty of 5-4, it removed the school's drug testing program. The court said that the drug policy was "entirely reasonable" and was given the "nation-wide problem of dru use. Writing in disagreement, Justice Ruth Bader Ginsburg argued that "the particular testing program upheld today is not reasonable, it is capricious, even perverse" since it targeted motivated students who are " least likely to be use illegal drugs and their damages."

Although it said "competitive" after-school activities, it opened the door wider to drug testing in most of the after-school activties and could result in the random testing to all involved children. Critics feared it would end up being counterproductive. This would cause students to drop out of various activities that could keep them busy and away from drugs.

    __Real life connection__ : The amendment still applys today. Now you can refuse a search if thay DO NOT have a warrant. If you are searched without a warrant and they find evidence on you, the evidence CAN NOT be used in a court room.

 __References: www.google.com__ __www.nettracker.com__ [|www.ask.com]