Due+Process

In answering these questions, use notes on procedural and substantive due process + the fourth, fifth, and fourteenth amendment 4 []

5 []

14 - []

Post these questions in your classroom forum.

Case 1. The principle of a high school discovered two girls smoking in a bathroom. One of the girls admitted she was smoking, which violated a school rule. The second girl claimed she was not smoking and as such did not break the rule. The assistant vice-principal took the student who admitted to smoking into his private office and demanded to search her purse. While looking for cigarettes, the vice-principal found a package of cigarette rolling papers. He continued searching the purse and found a small amount of marijuana, a substantial amount of one dollar bills and an index card with the names of various people who owed the student money.

1. Is this school allowed to punish the student? Why

2. What would the defense attorney for the girl claim? (Be specific what amendment)

3. Do you believe the girls rights **were** or **were not** violated?

4. Is this Procedural or Substantive Due Process? Explain

Case 2. Three officers entered the Rochin’s home and saw two capsules on a nightstand. When they inquired as to who owned the capsules, Rochin swallowed them. After an unsuccessful attempt to dislodge the capsules from Rochin’s mouth, the officers took Rochin to a hospital. At the hospital, Rochin’s stomach was pumped against his will to induce vomiting. Two capsules containing morphine were found within the vomited material.

1. Is the court allowed to use this evidence?

2. What would the defense attorney argue for Rochin. (Be specific what amendment)

3. Do you believe Rochin’s rights were or were not violated?

4. Is this Procedural or Substantive Due Process? Explain

Case 3. The Vernonia School District in Oregon operates two schools. Between 1985 and 1989 the district began to see a marked increase in disciplinary problems, drug use by students, athletic injuries, use of drugs by athletes and generally a student body preoccupation with the drug culture. The district adopted a policy requiring students who desire to participate in interscholastic athletics to sign a consent to both routine and random drug testing. Urine samples which are collected, maintaining strict privacy, are tested by a recognized laboratory which protects the samples and maintains strict security. The plaintiff, who had no history of drug use or disciplinary problems, refused to sign the consent form and was suspended from interscholastic athletics.

1. Does the school have a right to suspend the student from athletics?

2. What would the defense attorney for the boy argue? Based on what amendment?

3. Were the boys rights violated? Can a district have such a policy?

4. Is this procedural or substantive due process? Explain