Miller Ex Rel. Miller v. Wilkes
172 F.3d 574, 1999 WL 173632 (1999)
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Rule of Law:
A public school's policy of requiring suspicionless, random drug and alcohol testing as a condition for participation in any extracurricular activity is a reasonable search under the Fourth Amendment, even in the absence of a demonstrated drug crisis.
Facts:
- The Cave City School District implemented a “Chemical Screen Test Policy” for students in grades seven through twelve.
- The policy required any student wishing to participate in activities outside the regular curriculum to consent to random urine testing for illegal drugs and alcohol.
- A student, Pathe Miller, wanted to participate in non-athletic extracurricular activities, including the Radio Club, prom committees, and school dances.
- Pathe Miller and his parent, Troy Miller, refused to sign the form consenting to the random drug testing.
- Consequently, the School District barred Pathe Miller from participating in any extracurricular school activities.
Procedural Posture:
- Pathe Miller, by his parent Troy Miller, filed suit against the Cave City School District Board of Education and its Superintendent in the U.S. District Court for the Eastern District of Arkansas.
- Miller sought a declaratory judgment that the policy was unconstitutional and an injunction to prevent its enforcement.
- The District Court granted summary judgment in favor of the School District.
- Pathe Miller, as the appellant, appealed the District Court's judgment to the U.S. Court of Appeals for the Eighth Circuit.
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Issue:
Does a public school district's policy requiring random, suspicionless drug and alcohol testing as a condition for participation in any extracurricular activity violate a student's Fourth Amendment right against unreasonable searches and seizures?
Opinions:
Majority - Bowman, Chief Judge
No, the school district's policy does not violate a student's Fourth Amendment right against unreasonable searches and seizures. The court found that the policy is reasonable by applying the balancing test established in Vernonia Sch. Dist. 47J v. Acton. The court reasoned that public school students have a diminished expectation of privacy, which is even further reduced for those who voluntarily participate in extracurricular activities and subject themselves to additional rules. The character of the intrusion—a private urine collection and limited-use testing—was deemed minimal. On the other side of the balance, the school district has a substantial and compelling interest in deterring drug and alcohol use, which is a pervasive national problem. The court held that a school does not need to wait for a demonstrable drug crisis to arise before implementing such a preventative policy, as the potential harm is substantial. Therefore, the school's compelling interest in deterrence outweighs the minimal intrusion on the students' already lowered expectation of privacy.
Analysis:
This decision significantly extends the Supreme Court's holding in Vernonia, which approved random drug testing for student-athletes, to encompass students participating in any extracurricular activity. The court's reasoning lowers the bar for implementing such policies by holding that a school need not demonstrate a pre-existing, localized drug crisis to justify its 'special need' for suspicionless testing. This ruling broadens the authority of school districts to implement preventative drug-testing programs, shifting the focus from reacting to a specific problem to proactively deterring a general societal one among students who voluntarily seek the privilege of extracurricular participation.
