For their own good and that of their classmates, public school children are routinely required to submit to various physical examinations, and to be vaccinated against various diseases." Testing student athletes for drugs was necessary, said Scalia, because of health reasons, much like vaccinations.
Scalia also argued that student athletes have a reduced expectation of privacy, given that they have agreed to participate in a sport. Deterring drug use amongst students, wrote Scalia, was more important than students' constitutional rights. Scalia also found that the method by which the search was conducted, namely that "process of obtaining urine samples under the Policy are negligible, since the conditions of collection are nearly identical to those typically encountered in public restrooms. In addition, the tests look only for standard drugs, not medical conditions, and the results are released to a limited group."
Justice O'Connor, however, dissented, pointing out that non-individuated searches have seldom been allowed under the Fourth Amendment. "The view that mass, suspicionless searches, however evenhanded, are generally unreasonable remains inviolate in the criminal law enforcement context… Thus, it remains the law that the police...
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