Analysis Of Amici Curiae Brief : A Petition Court

2061 WordsApr 10, 20169 Pages
Amici Curiae Brief: a petition to the court for permission to submit a brief in the action with the intent of influencing the court 's decision from a person or group who is not a party to a lawsuit, but has a strong interest in the matter. Burden of Proof: A party’s obligation to convince the decision makers in a trial that their facts are true by evoking evidence. Fourth Amendment: 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Probable Cause: is a…show more content…
It is also stated that such testing procedures and the results they yield do not serve law enforcement purposes and will not be turned in to law enforcement either. In order to be accepted and enrolled as a student at Linn State, the students were required to sign an acknowledgement form in regards to the new drug testing policy. It is important to note that this was not a form consenting to the drug test, but just acknowledging the drug testing policy. Refusing the drug test would result in dismissal. If a student tested positive, they would have 45 days to take the test again and test negative to be able to remain enrolled at the college. They were required to pay $50 for the drug test. The Appellees alleged that Linn State’s drug testing policy violated the Fourth Amendment. It has already been secured that a urine drug test constitutes a search under the Fourth Amendment in Chandler v. Miller, 520 U.S. 305, 313 (1997); Skinner v. Railway Labor Execs.’ Association, 489 U.S. 602, 617 (1989). In Chandler v. Miller, 520 U.S. 305, 314 (1997), Ginsberg delivered the opinion stating that the Fourth Amendment requires government to respect "the right of the people to be secure in their persons . . . against unreasonable searches and seizures." Therefore, in order to legally preform a search, probable cause must be present and a warrant must be obtained. Without individualized suspicion, a search is
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