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Abstract

This Note takes the position that something is terribly wrong here, not only with the Court’s decision in Vernonia School District 47J v. Acton sanctioning suspicionless testing but also with the public’s strong support of these testing policies. The first part of this Note reviews the drug-testing policy of the Vernonia School District and the Court’s holding regarding the constitutionality of such a policy under the Fourth Amendment. Then, this Note explores some of the issues implicated by the Court’s holding and how they have evolved. Finally, this Note examines what appears to be the legacy of the Court’s decision in Vernonia and how the standards articulated in this case may apply in the context of the Millard School District. At issue in Vernonia is the Fourth Amendment of the Constitution which prohibits unreasonable searches and seizures.

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