What are ten reasons why the drug testing program at Stephen T. Badin Catholic High School of Hamilton, Ohio, is a violation of the Fourth Amendment...

1. As a
state actor, the Catholic School is not allowed to perform unauthorized testing of any
sort.

2. It was not a requirement of the school's initial contract to pass
these drug tests in order to be enrolled in the school.

3. Nicotine is not
illegal for individuals the students' age to use, and so the school has no right to dictate the
students' use of it.

4. The students have not given permission or consent to
have testing done.

5. Since the students are all minors, they need parental
consent. As evidenced by the suit, the parents have not consented and are opposed to the
testing.

6. There is no evidence that drugs have been used on campus, which
is the only justification that could be made for the testing.

7. The school
is intending to test things that are not school property. The Fourth Amendment still prohibits
testing, but provisions could be made if school property is involved in the drug use.

8. Passing the drug testing is a new requirement for enrollment at the school;
therefore, students who have been pressured to use drugs could be expelled for something that
they didn't want to do in the first place.

9. The drug tests are random, and
as a result, there is no direct authorization.

10. There is no limit to the
number of tests performed, making it a gross invasion of privacy.