Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

S.D.W.Va.: Random drug testing of teachers violates Fourth Amendment

By John Wesley Hall, Jr.

School board policy of drug testing school teachers could not be justified under the special needs exception, and teachers do not have a reduced expectation of privacy. American Federation of Teachers—West Virginia AFL-CIO v. Kanawha County Bd. of Educ., 2009 U.S. Dist. LEXIS 1101 (S.D. W.Va. January 8, 2009) (on court's website): The Kanawha County School Board adopted a revised drug testing policy mandating the random testing of teachers and other categories of public school employees. The teachers' unions have joined forces in this lawsuit seeking to enjoin the implementation of that policy on constitutional and privacy grounds. The questions before the court are whether the random drug testing policy adopted by the Board as a state actor violates the Fourth Amendment to the United States Constitution, Article III, § 6 of the West Virginia Constitution, and the right to privacy as it is recognized in this state...continue to full post

Full post as published by Fourth Amendment on January 11, 2009 (boomark / email).