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Criminal Law

: Fourth Amendment

WA: Random drug testing of student athletes violates state constitution

By John Wesley Hall, Jr.

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The Washington Supreme Court held Thursday that random drug testifing of student athletes violates the state constitution's privacy provision, rejecting the state's "special needs" argument and rejecting Vernonia School Dist. 47J v. Acton, under which the school district was held to have modeled its policy. York v. Wahkiakum Sch. Dist. No. 200, 78946-1 (Wash. March 13, 2008): II. Suspicionless, Random Drug Testing Disturbs a Student Athlete's Private Affairs. When inquiring about private affairs, we look to "'those privacy interests which citizens of this state have held, and should be entitled to hold, safe from governmental trespass absent a warrant.'" State v. Young, 123 Wn.2d 173, 181, 867 P.2d 593 (1994) (quoting State v. Myrick, 102 Wn...continue to full post

Full post as published by Fourth Amendment on March 13, 2008 (boomark / email).

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