Fourth Amendment. We granted certiorari to decide whether this violates the Fourth and Fourteenth Amendments to the United States Constitution. 31526 (1985)) (a drug impaired individual "will seldom display any outward 'signs detectable by the lay person or, in many cases, even the physician. The student to be tested completes a specimen control form which bears an assigned number. . As of this date, Scribd will manage your SlideShare account and any content you may have on SlideShare, and Scribd's General Terms of Use and Privacy Policy will apply.

23 F.3d 1514 (1994). The case on which it relies for that proposition, Bell, v. Wolfish, 441 U.S. 520, 60 L. Ed. 2d 412, 110 S. Ct. 2481 (1990). The best proof that the District's testing program is to some extent accusatory can be found in James Acton's own explanation on the witness stand as to why he did not want to submit to drug testing: "Because I feel that they have no reason to think I was taking drugs." 2d, Parent and Child § 10 (1987). Girls produce samples in an enclosed bathroom stall, so that they can be heard but not observed. Such a view of things, we said, "is not entirely 'consonant with compulsory education laws,'" ibid. Id., at 43. Another group was caught skipping school and using drugs at one of the students' houses. All Rights Reserved. 2d 592, 108 S. Ct. 562 (1988) (public school authorities may censor school-sponsored publications, so long as the censorship is "reasonably related to legitimate pedagogical concerns"); Ingraham, supra, at 682 ("Imposing additional administrative safeguards [upon corporal punishment] . 2d 930, 87 S. Ct. 1727 (1967) (area-wide searches of private residences), we upheld the suspicionless search only after first recognizing the Fourth Amendment's longstanding preference for a suspicion-based search regime, and then pointing to sound reasons why such a regime would likely be ineffectual under the unusual circumstances presented. The obvious negative implication of this reasoning is that, if such an individualized suspicion requirement would not place the government's objectives in jeopardy, the requirement should not be forsaken. By contrast, although I agree with the Court that the accusatory nature of the District's testing program is diluted by making it a blanket one, any testing program that searches for conditions plainly reflecting serious wrongdoing can never be made wholly nonaccusatory from the student's perspective, the motives for the program notwithstanding; and for the same reason, the substantial consequences that can flow from a positive test, such as suspension from sports, are invariably--and quite reasonably--understood as punishment.

With respect to the "rights of individual citizens," the Court eventually offered the simple yet powerful intuition that "those lawfully within the country, entitled to use the public highways, have a right to free passage without interruption or search unless there is known to a competent official authorized to search, probable cause for believing that their vehicles are carrying contraband or illegal merchandise." See Skinner, 489 U.S. at 611 (describing "'Authorization to Test for Cause'" scheme, according to which train operators would be tested "in the event of certain specific rule violations, including noncompliance with a signal and excessive speeding"). .

In one sense, that is obviously true--just as it is obviously true that suspicion-based law enforcement is not as effective as mass, suspicionless enforcement might be. The General Authorization Form that respondents refused to sign, which refusal was the basis for James's exclusion from the sports program, said only (in relevant part): "I . But we must also stay mindful that not all government responses to such times are hysterical overreactions; some crises are quite real, and when they are, they serve precisely as the compelling state interest that we have said may justify a measured intrusion on constitutional rights. The Student Athlete Drug Policy adopted by School District 47J in the town of Vernonia, Oregon, authorizes random urinalysis drug testing of students who participate in the District's school athletics programs. 2d 564. education organization operating under Section 501(c)(3) of the Internal Revenue Code, and contributions to the MRC are tax-deductible. It may well be that, if and when James was selected for random testing at a time that he was taking medication, the School District would have permitted him to provide the requested information in a confidential manner--for example, in a sealed envelope delivered to the testing lab. 2d 347, 107 S. Ct. 1149 (1987). In Skinner v. Railway Labor Executives' Assn., 489 U.S. 602, 617, 103 L. Ed. But whether a blanket search is "better," ante, at 664, than a regime based on individualized suspicion is not a debate in which we should engage. Cuddihy 1501 ("Even the states with the strongest constitutional restrictions on general searches had long exposed commercial establishments to warrantless inspection"), or arising in unique contexts such as prisons, see, e. g., Wolfish, supra, at 558-560 (visual body cavity searches of prisoners following contact visits); cf. Indeed, in Skinner we held that it was not "a significant invasion of privacy." 469 U.S. at 336. Id., at 348 (Powell, J., concurring). L. Rev. Amendment reasonableness with respect to searches by school officials. Cuddihy 1091; see also id., at 377, 1502, 1557. This principle explains the considerable Fourth Amendment leeway we gave school officials in T. L. O. Its expressed purpose is to prevent student athletes from using drugs, to protect their health and safety, and to provide drug users with assistance programs.

They remain fully clothed and are only observed from behind, if at all. Thanks to the ability to legally drug test student athletes, public schools have taken another step to reduce the use of illicit and dangerous drugs in young people. See ante, at 665, n. 4. 1354, 1356-1357 (Ore. 1992), it seems quite obvious that the true driving force behind the District's adoption of its drug testing program was the need to combat the rise in drug-related disorder and disruption in its classrooms and around campus.

551-553 (2d ed. See Skinner, 489 U.S. at 627; United States v. Biswell, 406 U.S. 311, 316, 32 L. Ed.

Id., at 68. 67 (Apr. In addition to overstating its concerns with a suspicion-based program, the District seems to have understated the extent to which such a program is less intrusive of students' privacy. Statement of the Facts: The Vernonia School District in Oregon noted a precipitous rise in drug and alcohol abuse at school. 2d 87, 92 S. Ct. 1593 (1972). I mean no criticism of the strength of that interest. n6 Because I agree with the Court that we may assume the District's program allows students to confine the advanced disclosure of highly personal prescription medications to the testing lab, see ante, at 660, I also agree that Skinner controls this aspect of the case, and so do not count the disclosure requirement among the program's flaws.

Each boy selected produces a sample at a urinal, remaining fully clothed with his back to the monitor, who stands approximately 12 to 15 feet behind the student. 1970).

n2 First, and most serious, there is virtually no evidence in the record of a drug problem at the Washington Grade School, which includes the seventh and eighth grades, and which Acton attended when this litigation began. See Von Raab, supra, at 674 (suspicion requirement for searches of customs officials for drug impairment impractical because "not feasible to subject [such] employees and their work product to the kind of day-to-day scrutiny that is the norm in more traditional office environments"); Camara, supra, at 537 (suspicion requirement for searches of homes for safety code violations impractical because conditions such as "faulty wiring" not observable from outside of house); see also Wolfish, 441 U.S. at 559-560, n. 40 (suspicion requirement for searches of prisoners for smuggling following contact visits impractical because observation necessary to gain suspicion would cause "obvious disruption of the confidentiality and intimacy that these visits are intended to afford"); Martinez-Fuerte, supra, at 557 ("A requirement that stops on major routes inland always be based on reasonable suspicion would be impractical because the flow of traffic tends to be too heavy to allow the particularized study of a given car that would enable it to be identified as a possible carrier of illegal aliens"); United States v. Edwards, 498 F.2d 496, 500 (CA2 1974) (Friendly, J.) Indeed, Cuddihy's descriptions of a few blanket searches suggest they may have been considered more worrisome than the typical general search. I do not believe that suspicionless drug testing is justified on these facts. Indeed, the price we pay is higher in the criminal context, given that police do not closely observe the entire class of potential search targets (all citizens in the area) and must ordinarily adhere to the rigid requirements of a warrant and probable cause. James Acton, a student, was denied participation in his school's football program when he and his parents refused to consent t… The laboratory's procedures are 99.94% accurate. n3. SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and KENNEDY, THOMAS, GINSBURG, and BREYER, JJ., joined. The Supreme Court's decision on this case made school athletic programs, as well as schools in general much safer.

See Carroll, 267 U.S. at 150-151, 154; cf. They started in the elementary school." . Athletes are tested at the beginning of the season for their sport. a large segment of the student body, particularly those involved in interscholastic athletics, was in a state of rebellion. As an initial matter, the historical materials on what the Framers thought of official searches of children, let alone of public school children (the concept of which did not exist at the time, see ante, at 652, n. 1), are extremely scarce.

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