vernonia school district v acton 1994

The procedure for girls differs only slightly.

An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. Suffice it to say that drug use appeared to be more extreme than it should be and even seemed to be growing. at 1414. They personally saw some of the problems, but were told of others. Any student who refuses to submit to a drug test at any time is suspended from the team for the remainder of the athletic season. Thus, when we mix all of the elements together — the slight weight in favor of efficiency, the privacy interest, the governmental interest, and the discretionary factor — and step back to look at the compound they yield, it becomes apparent that the Policy violates the Fourth Amendment. More than that, we do not say that there could never be a case where a random search would be appropriate in a school setting. That being so, Oregon would find it invalid under Article I, Section 9, of its Constitution. However, on balance we believe the efficiency factor favors the District's position. At the first practice team members were given drug testing consent forms to sign and to have their parents sign. 34, 809 P.2d 809 (1991) (en banc) (religious invocation and benedictions at public high school violate coextensive clauses of the federal and California Constitutions). at 1367.

97, 743 P.2d 692 (1987) (Nelson II) the court found, in effect, that a roadblock stop violated the Oregon Constitution due to a lack of proper authorization, despite the fact that it would not violate the Fourth Amendment. Girls go to the office of Ms. King, the director of girls' athletics, and boys go to the boys' locker room.

Vernonia School District 47J v. Acton, legal case in which the U.S. Supreme Court on June 26, 1995, ruled (6–3) that an Oregon school board’s random drug-testing policy for student athletes was reasonable under the Fourth Amendment to the U.S. Constitution. Rather, different mixtures of the values they represent will yield different results, just as different mixtures of chemicals will yield different reactions. at 1408. at 748-50, 653 P.2d at 946-47. Moreover, neither party contests the district court's finding that drug testing under the Policy is completely random. A warrant is always sufficient authorization to search. No Oregon court has upheld a criminal search without finding that the executive official had a reasonable individualized suspicion that evidence of wrongdoing would be found on the person or at the place being searched. The next question is whether the executive officials who executed the search had authority to do so. The district court found that the Policy is limited to the one activity that is likely to have the greatest impact "on the drug and alcohol abuse problem[,]" Acton I, 796 F.Supp.

at 1396-1401. The right of the people to be secure in their person, 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. at 654, 99 S.Ct. We will also consider the private and governmental interests together. Every teacher who testified had noticed an improvement in discipline, a reduction in disciplinary referrals, and a decrease in drug use and the glorification of drug culture since the Policy was implemented.

94-590. argued march 28, 1995-decided june 26,1995 Boys go to the urinals in the boys' locker room bathroom and produce a specimen in the cup. In any event, it must be taken into account when the Oregon constitutional provision is analyzed. at 101-11, 743 P.2d at 694-700. They should expect that reasonable tests will be applied to them. First, in most cases, "[a]bsent consent, law enforcement officials must have a warrant to search...." State v. Bridewell, 306 Or. 489 U.S. at 678, 109 S.Ct. 9, to suppose that that section has a different meaning from the Fourth Amendment."). By its terms, all students who want to participate in interscholastic athletics are required to sign a form authorizing the District to perform a drug test on a urine sample provided by the student.

Id.

However, if they are not coextensive and the state constitution actually gives more protection than the federal constitution, we decide validity under the state constitution in order to avoid addressing federal constitutional claims unnecessarily. That does not mean that the Court decided that no form of individualized suspicion is required in schools. Samples are sent to Metrolab, a private company that specializes in drug testing by urinalysis. § 1367(a).

Of course, it is.

845, 854, 618 P.2d 423, 427 (1980), cert. See Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 602, 617, 109 S.Ct. 733, 736, 21 L.Ed.2d 731 (1969). That, too, is part of the educational process; part of what tax dollars pay for. Moreover, our decision is based almost exclusively on the application of federal law.

Dist., 393 U.S. 503, 506, 89 S.Ct. We say "in effect" because it is not entirely clear whether the authorization requirement is a matter of general law rather than a matter of Oregon constitutional analysis. See also Taylor v. O'Grady, 888 F.2d 1189, 1199 (7th Cir.1989) (while prison employees in direct contact with prisoners can be tested, other prison personnel cannot be — "generalized interest in the integrity of the work force" is not enough); Harmon v. Thornburgh, 878 F.2d 484, 492-93 (D.C.Cir. at 342 n. 8, 105 S.Ct. Tourtillott merely approved of a checkpoint stop.
denied, ___ U.S. ___, 112 S.Ct. Furthermore, Oregon courts, or judges on those courts, have gone out of their way to insist that the federal constitutional analysis does not control Oregon search and seizure analysis.

James's parents brought this action claiming that the Policy violated James's right to be free from unreasonable government searches under both the Fourth Amendment of the United States Constitution and Article I, Section 9 of the Oregon Constitution. State v. Tourtillott, 289 Or. United States Court of Appeals, Ninth Circuit. Tinker v. Des Moines Indep.

They go on to argue that even if there were a drug problem, it did not justify a random testing program.
As we have already said, the Oregon appellate courts have never decided a random drug testing case. Security procedures protect the chain of possession and the identity of the student. Administrative searches conducted pursuant to a warrant or an exception to the warrant requirement are also reasonable. Id. at 1413. Listed below are those cases in which this Featured Case is cited. Nelson II, 304 Or.

131, 137, 743 P.2d 711, 714 (1987) (Gillette, J., specially concurring); Caraher, 293 Or. Oregon courts have also upheld administrative searches against Article I, Section 9 challenge, where they have been authorized by legislative enactments or administered according to executive programs that sufficiently limit official discretion. We first turn to the question of whether the conduct of a government official constitutes a "search" in the constitutional sense.

Furthermore, if, as the testimony showed, teachers and administrators could detect behavior and physical problems that rather clearly appeared to be drug related, a program designed to target those who displayed the problems might be more efficient, although it might also present difficulties of its own when it came to discretionary enforcement. Any attempt to limit our decision to Article I, Section 9 would be sheer flim-flammery.

By 1989, Mr. Aultman, the principal of the grade school, and his faculty felt that they had to do something to combat the growing drug problem.

See, e.g., Ellis v. City of La Mesa, 990 F.2d 1518, 1524 (9th Cir. Besides that, they were told of incidents by others who were concerned and who had no reason to lie. By contrast, the warrant clause and its exceptions do not provide the exclusive authorizations for an administrative search. at 507. State v. Atkinson, 298 Or. During the season, student athletes are tested at random on a weekly basis. At any rate, we need not enter the lists on that issue. Dist., 796 F.Supp. Acton I, 796 F.Supp. That, however, is no mean task.

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