Legal Question in Civil Rights Law in Massachusetts
Does my school nurse have the right to examine me if I'm under suspicion of being high ?
Asked on 6/06/13, 5:42 am
1 Answer from Attorneys
John Bita
Milligan Coughlin LLC
Yes. The 4th amendment to the US Const. prohibits "unreasonable" search or seizure by the government, so you could argue that the exam was an unreasonable search or seizure, but the courts, including the supreme court, have consistently ruled that public schools have wide authority to maintain discipline and order, including enforcing policies intended to prevent drug use among students.
Answered on 6/08/13, 11:35 am
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