Without suspicion of drug use, schools cannot require drug tests of athletes, because it violates their Fourth Amendment right. According to the US Bill Of Rights: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause.” (Cayton). This means that you need probable cause or suspicion of drug use before you can require a drug test of someone. School athletes should not be subject to unjust searches based on non-existent evidence. The searches would be both unlawful and unreasonable thus making the policy unconstitutional. Nevertheless, there are many people who oppose this policy, and believe that student-athlete drug testing is needed to protect the common good and ensure the safety of everyone (Mikula). However, no policy should be able to violate the constitution and infringe on the student’s privacy. An example of this is from a court case involving a Texas School District. The Texas School argued that they needed a policy to test student-athletes for drugs to help control the “drug crisis” going on at their school.
Cited: "American Civil Liberties Union." American Civil Liberties Union. N.p., 21 Oct. 2002. Web. 20 Oct. 2012. . Cayton, Andrew R. L., Elisabeth Perry Israels., Linda Reed, and Allan Winkler M. Prentice Hall America: Pathways to the Present. Boston, MA: Pearson Prentice Hall, 2007. Print. "High School and Youth Trends." Home. N.p., n.d. Web. 24 Oct. 2012. . "Innocent Until Proven Guilty." Innocent Until Proven Guilty. N.p., n.d. Web. 20 Oct. 2012. . Mikula, Mark F., L. Mabunda Mpho, and Allison Marion McClintic. Great American Court Cases. Detroit: Gale Group, 1999. Print.