Ch2, Vernonia School District Part 2 Lecture Notes (9.2.09)

Ch2, Vernonia School District Part 2 Lecture Notes (9.2.09)...

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377a Chapter 2: Vernonia School District v. Acton Lecture Notes, Part 2 Lesson : Factual knowledge is critical in legal/policy decision making Legal Reading Case Name : Vernonia School District v. Acton Court : U. S. Supreme Court Legal Issues Acton’s filed a lawsuit claiming that the District’s policy violated the 4th and 14th Amendments to the United States Constitution. 4 th Amendment states that the Federal government shall not violate "[t]he right of the people … against UNREASONABLE searches and seizures" NOTE: The 4 th Amendment does not prohibit REASONABLE searches and seizures 14 th Amendment (as interpreted in subsequent U.S. Supreme Court cases) extends the 4 th Amendment ban to UNREASONABLE searches and seizures by State officers (e.g., public school officials) The question for the U. Supreme Court then was whether the District’s Policy of drug testing was reasonable Reasonableness is judged by balancing: Search’s intrusion on the individual's 4th Amendment interests Against State’s promotion of legitimate, compelling governmental interest What is Action’s 4th Amendment interest? PRIVACY! The 4 th Amendment does not protect all subjective expectations of privacy It only protects those that society recognizes as ‘legitimate’ What expectations are legitimate varies with the: Context (e.g., at home, at work, in a car, or in a public park) Individual's legal relationship with the State So what was Acton’s context and legal relationship with the State? Acton was in the temporary custody of the State as schoolmaster Teachers and administrators stand in loco parentis (i.e., supervisors of the child) over the children entrusted to them All public schools provide for physical and medical tests and vaccinations 1
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377a Therefore , students within the school environment have a lesser expectation of privacy than members of the population generally ‘Legitimate’ privacy expectations are even less with regard to student athletes Suiting up before each practice or event
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This note was uploaded on 05/09/2010 for the course PSYC PSY taught by Professor Na during the Spring '10 term at University of Arizona- Tucson.

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Ch2, Vernonia School District Part 2 Lecture Notes (9.2.09)...

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