Legal Question in Criminal Law in Michigan

Re: Drug testting

Yes, but unlike the rest of his school exams, he doesn't have to study for it.

Re: Drug testing

This really is not a "criminal law" question. However, I'm going to try to lead you to some general information from which your answer might be self-evident.

There is a "podcast" called "Legal Lad" where people submit legal questions and a lawyer (he happens to be in Calif.) answers and educates. He had two episodes that shed light on your area of concern: "Student Searches in Schools" and "Drug Screening By Employers". Podcasts are recorded audio episodes (3-5 mins long), but they post transcripts of them. You can read the transcripts at

http://legallad.quickanddirtytips.com/student-searches-in-school.aspx and http://legallad.quickanddirtytips.com/drug-screening-by-employers.aspx , respectively. For the "drug screening" transcript, jump down about half way and the information becomes more on-point.

Your question intermingles issues of constitutional protections of the 4th amendment and general privacy concerns. Both are discussed in the podcast transcripts. "Reasonableness" is a key issue for both areas, and that is very case-fact-specific. This means that, without more detailed afacts about your school's policy, why it was adopted, how it's being administered, etc., its reasonableness cannot be assessed.

If you consent (agree to) a requested search, you have limited options down the road. But no search can ever be compelled. A person always has the right to refuse a request to search or seize your property. But there are times when the government can lawfully TAKE something over an objection if they do so with a court order (search warrant) or there is a recognized exception to the rule that a search warrant be obtained.

Your situation seems to be a blanket school policy that students are going to be randomly tested? All students are potentionally subject to tests, or are the groups of students where the tests are related to school safety (e.g., athletics)?

The bottom line is that schools are given more leeway here because they have to maintain order and security in school. Kids who are high, or selling drugs, interfere with the learning environment. As noted in one podcast, "Courts will weigh the student�s expectation of privacy against the school�s need to maintain a safe learning environment."

You should consult an attorney who handles civil law ... particularly constitutional law cases ... to review the details of the school policy AND how the policy is being administered. It's possible that the policy is ok but the way it's being implimented is not.

Sorry about not being more direct with a reply, but your question is outside the area that you posted the question in.