legal397 FINAL PAPER

legal397 FINAL PAPER - May 5, 2010 Legal 391 Final Question...

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May 5, 2010 Legal 391 Final Question 2 When the war on drugs began and drug testing started to begin, those who did not want to be tested said their Fourth Amendment was being violated, and the test was an unreasonable search and seizure. The formula that courts use for assessing claimed Fourth Amendment violations in lieu of compelled drug testing under “special needs” is whether a search occurred and if the search was reasonable. The court then looks into three more questions while determining if the search was reasonable. They see whether the search was narrowly tailored, what groups the search targeted, and if the “special needs” groups really needed to be targeted. A special needs group is a group of people who pose a risk to themselves or others. Courts look into compelling state interest, and ask if there is any reason for why the search needed to take place. They also look into see if the search employed the least restrictive means, seeing how invasive the search was. The context of the “Drug War” plays a role in the formula courts use to assess Fourth Amendment violations. The Drug war is still going on today through various education and awareness groups, and plays a role because anyone who is using drugs poses a risk to themselves or others. The war against drugs warns everyone of the consequences or drugs and urges people to protect themselves and others. The whole
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This note was uploaded on 11/17/2011 for the course LEGAL 397 taught by Professor Staff during the Fall '10 term at UMass (Amherst).

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legal397 FINAL PAPER - May 5, 2010 Legal 391 Final Question...

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