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Federal Appeals Court Nixes Blanket Drug
Screening of State College Students

Reason, by Jacob Sullum

Original Article

Posted By:zoidberg, 12/27/2016 10:41:04 AM

Last week a federal appeals court ruled that requiring incoming students at a state college to surrender their urine for drug testing violates the Fourth Amendment´s ban on unreasonable searches. The decision is a welcome departure from a body of case law that usually defers to the government´s perception of "special needs" that supposedly justify analyzing people´s bodily fluids without a warrant or any evidence that they pose a threat to public safety. Linn State Technical College, now known as the State Technical College of Missouri, started demanding incoming students´ urine in 2011 because members of its advisory council

Comments:
A good start.

      


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Reply 1 - Posted by: formerNYer, 12/27/2016 10:52:22 AM     (No. 11083875)

They need start drug testing the facility at colleges, they´re the real wackos.


Reply 2 - Posted by: lazlototh, 12/27/2016 10:52:41 AM     (No. 11083877)

This should have been obvious to the school itself and should never have had to have been litigated. But schools that think they can regulate speech can´t really be expected to think they should respect privacy either. Eternal vigilance is necessary after all.


   

 

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Reply 3 - Posted by: JustCause, 12/27/2016 11:06:08 AM     (No. 11083907)

It´s not the students that need to be Drug Tested. They are paying guests who come for the education. If they use or abuse drugs and fail the courses, go to jail, cause other problems and get kicked out of school, they have paid for the privilege.

Who SHOULD BE drug tested are the College employees. The, supposed, adults in the room that are in a position to teach and be role models to the students.

MAGA


Reply 4 - Posted by: miceal, 12/27/2016 11:41:19 AM     (No. 11083955)

Does this mean that blanket drug testing conducted by the Department of Defense is no longer valid? How´s about those States requiring drug testing before receiving welfare? I could go on but......


Reply 5 - Posted by: mc squared, 12/27/2016 12:09:40 PM     (No. 11083992)

This ruling is correct. It´s a violation of the 4th, as there can be no existing evidence of drug use. And if there were, it´s a police matter until the time the student is convicted or exonerated.

Being employed in sensitive positions, however, is totally different.




Reply 6 - Posted by: Cor-vet, 12/27/2016 12:11:51 PM     (No. 11083997)

During my working years in private industry, I was required to take surprise drug tests or lose my job. Why is that not the norm in all Government jobs, not just the military? Both houses of Congress come to mind as prime examples!


Reply 7 - Posted by: lakerman1, 12/27/2016 5:34:41 PM     (No. 11084379)

If you go to a convenience store on the edge of almost any campus, cigarette rolling papers are the biggest seller. (condoms used to be, until campus health centers began to give them away for free.)
If we had time travel, I would volunteer to go back in time to december, 1960, to give out some trojans to african students there. And to Frank Marshall Davis.


   

 

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Federal Appeals Court Nixes Blanket Drug
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Last week a federal appeals court ruled that requiring incoming students at a state college to surrender their urine for drug testing violates the Fourth Amendment´s ban on unreasonable searches. The decision is a welcome departure from a body of case law that usually defers to the government´s perception of "special needs" that supposedly justify analyzing people´s bodily fluids without a warrant or any evidence that they pose a threat to public safety. Linn State Technical College, now known as the State Technical College of Missouri, started demanding incoming students´ urine in 2011 because members of its advisory council

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