blaze96 said:
CptCamoPants said:
How is that implied consent?
We're forced to step on the campus to go to school, so we're forced to give consent?
If I ever get tested I'm gonna refuse and pull the 4th on them, and I've never smoked pot or done drugs in my life, and I don't plan on starting, ever.
And about the "If there is probably cause I can be searched/piss tested/etc.": Being picked at random or wanting to join a sports team doesn't give anyone probably cause.
You don't get a say, you give them permission to suspend your constitutional rights when you step on campus. There have been supreme court cases and they have found that suspension of certain rights in schools is constitutional, I believe that it had something to do with schools being either federal or state land and not public. If they have probable cause to suspect you of carrying something like drugs, they can search every logical area where it may be hidden (recent court case determined that they can't take the search to far, for example they can't strip you to search for Aspirin).
When you step on campus you no longer hold all your rights as a citizen because you are now on either state or federal land. That is also why schools can enforce dress and speech codes, searches without warrants, and many other things. So yes, when you step on school property you give implied consent.
Your... ah... GAWD. I'm not even going to touch this.
That's not what implied consent means man! Not at all!
Schools can do searches of School Property (I.E. Lockers) Without consent because they own the lockers. They can't go pawing through your backpacks/pockets without one of: consent/warrant/cause.
New Jersey v. T.L.O. (1985) still required reasonable suspicion. IE no "just because" or fishing expeditions of a student's pockets/bags on their person.
You never "Automatically" give consent to a search, even if you're on private property, like, say, a Concert ground, and the security guards there demand to search you, you have the right to say "no" they can request you leave the premisie if you don't consent to a search (as it's private property) But they cannot force a search on you.
You have the Choice to get searched, or get out.
Forcing students to submit to blood/urine tests is a fishing expedition. They have no knowledge as to whether or not a given student has committed a crime, and no probable cause/reasonable suspicion what so ever. Unless, suddenly, wanting to be in a Drama club is proof of one's intent to smoke weed.
It's completely different from attempting to search a child's possessions when his eyes are blood shot, his teeth are stained, and he smells like the art teacher's office. (or is exhibiting multiple symptoms of drug/alcohol use)
I.. arrrgh. Nevermind, I know a lost cause when I see one.