Attention All Students: Please Deposit Your Constitutional Rights at the Door

Abstract

This Note argues that the Court should return to the fact-specific balancing test utilized in Vernonia and close the door to the further expansion of suspicionless drug testing in public schools. Part II of this Note will discuss the steady erosion of Fourth Amendment protections in the school context, as well as the expansion of drug testing outside the school setting. Part III will discuss the factual and procedural background of Pottawatomie and will focus on the Supreme Court\u27s analysis and the dissent\u27s application of the Vernonia standard to Pottawatomie\u27s facts. Part IV will explore the problems and ramifications of the Pottawatomie decision. Part V will offer recommendations for what the Court should do in the future to protect the Fourth Amendment rights of students and prevent the further expansion of drug testing in schools. Part VI will summarize and conclude

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