Comments on: MBE Question of the Day #32 http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/ All things related to studying for and passing the bar exam, brought to you by the staff of MicroMash Bar Review Tue, 07 Feb 2012 20:33:11 +0000 hourly 1 http://wordpress.org/?v=3.2 By: KIM http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-722 KIM Mon, 01 Feb 2010 08:57:30 +0000 http://barexambrief.com/?p=836#comment-722 b- BC DRUG TEST ON STUDENTS IS LEGAL AND UNDER ADMINISTRATIVE SEARCH AND REAS SUSPICION A SEARCH OF LOCKERS IS A WARRANTLESS SEARCH EXCEPTION. b- BC DRUG TEST ON STUDENTS IS LEGAL AND UNDER ADMINISTRATIVE SEARCH AND REAS SUSPICION A SEARCH OF LOCKERS IS A WARRANTLESS SEARCH EXCEPTION.

]]> By: Dubbings http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-718 Dubbings Sun, 31 Jan 2010 20:44:16 +0000 http://barexambrief.com/?p=836#comment-718 B cannot be the answer because the facts state that the high school principal ordered random searches of student lockers after he was alerted by police that there was a substantial amount of crack cocaine being sold and used at the school. Therefore the school had reasonable grounds for the search. This is in line with the reasonable suspicion requirement under New Jersey v. T.L.O, 469 U.S. 325 (1985), and gives the school the right to search the lockers. D is a better answer B cannot be the answer because the facts state that the high school principal ordered random searches of student lockers after he was alerted by police that there was a substantial amount of crack cocaine being sold and used at the school. Therefore the school had reasonable grounds for the search. This is in line with the reasonable suspicion requirement under New Jersey v. T.L.O, 469 U.S. 325 (1985), and gives the school the right to search the lockers. D is a better answer

]]> By: Maryann Herman http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-715 Maryann Herman Sun, 31 Jan 2010 15:35:25 +0000 http://barexambrief.com/?p=836#comment-715 Answer B is correct. The student will prevail on appeal but the basketball star will not. School authorities under New Jersey v. T.L.O, 469 U.S. 325 (1985), have the right to search school lockers providing they have a reasonable suspicion that there has been a breach of school rules. In this case the search was random without any reasonable suspicion that there was a breach of schools rules and the search was random in nature. Therefore the search was invalid. On the other hand, the Court in Veronia School District 47J v. Acton, 515 U.S 646 (1995), upheld the authority of school officials to require drug tests as a condition of participation in school athletics. Therefore the basketball star will not prevail. Therefore, A, C, and D are incorrect. Answer B is correct. The student will prevail on appeal but the basketball star will not. School authorities under New Jersey v. T.L.O, 469 U.S. 325 (1985), have the right to search school lockers providing they have a reasonable suspicion that there has been a breach of school rules. In this case the search was random without any reasonable suspicion that there was a breach of schools rules and the search was random in nature. Therefore the search was invalid. On the other hand, the Court in Veronia School District 47J v. Acton, 515 U.S 646 (1995), upheld the authority of school officials to require drug tests as a condition of participation in school athletics. Therefore the basketball star will not prevail. Therefore, A, C, and D are incorrect.

]]> By: Wrelyea http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-713 Wrelyea Sun, 31 Jan 2010 01:06:23 +0000 http://barexambrief.com/?p=836#comment-713 Answer "D" for the reasons below. In New Jersey v. T. L. O., 469 U.S. 325 (1985), the Supreme Court ruled that searches in public schools do not require warrants, as long as the searching authorities have reasonable grounds for believing that the search will result in the finding of evidence of illegal activity. Therefore, the trial court ruled correctly and the appellate court should not decide in favor of the student. Drug testing is a required element for participating in the sports program, it applies to all who choose to participate. If the ball player chooses not to take the drug test he is also choosing not to participate in the sports program and is not entitled to relief. Therefore, the trial court ruled correctly and the appellate court should not rule in favor of the basketball star. Answer “D” for the reasons below.

In New Jersey v. T. L. O., 469 U.S. 325 (1985), the Supreme Court ruled that searches in public schools do not require warrants, as long as the searching authorities have reasonable grounds for believing that the search will result in the finding of evidence of illegal activity. Therefore, the trial court ruled correctly and the appellate court should not decide in favor of the student.

Drug testing is a required element for participating in the sports program, it applies to all who choose to participate. If the ball player chooses not to take the drug test he is also choosing not to participate in the sports program and is not entitled to relief. Therefore, the trial court ruled correctly and the appellate court should not rule in favor of the basketball star.

]]> By: BV http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-712 BV Sun, 31 Jan 2010 00:14:55 +0000 http://barexambrief.com/?p=836#comment-712 D is the best answer. Drug testing of students who participate in extracurricular activities does not violate the 4th Amendment. Reasonable grounds (substantial crack selling and use at the school) seem to be present here to allow a random search of school lockers. D is the best answer. Drug testing of students who participate in extracurricular activities does not violate the 4th Amendment. Reasonable grounds (substantial crack selling and use at the school) seem to be present here to allow a random search of school lockers.

]]> By: Jon http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-711 Jon Sat, 30 Jan 2010 22:38:52 +0000 http://barexambrief.com/?p=836#comment-711 Answer is B. The Basketball player is involved in a school sport which are subject to drug tests. School lockers are subject to a reasonable expectation of privacy, since they are school property, and the school can do random searches since they suspect that there is a substantial amount of crack cocaine being sold and used in the school. Answer is B. The Basketball player is involved in a school sport which are subject to drug tests. School lockers are subject to a reasonable expectation of privacy, since they are school property, and the school can do random searches since they suspect that there is a substantial amount of crack cocaine being sold and used in the school.

]]> By: mimi http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-710 mimi Sat, 30 Jan 2010 22:21:59 +0000 http://barexambrief.com/?p=836#comment-710 answer D. answer D.

]]> By: shahin http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-708 shahin Sat, 30 Jan 2010 19:58:31 +0000 http://barexambrief.com/?p=836#comment-708 Answer D Answer D

]]> By: thom http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-707 thom Sat, 30 Jan 2010 19:35:25 +0000 http://barexambrief.com/?p=836#comment-707 D - the basketball star does not have an equal protection claim and the student does not have a reasonable expectation of privacy in his locket. Both actions will fail. If the facts had taken place in college, the student may have had a privacy expectation D – the basketball star does not have an equal protection claim and the student does not have a reasonable expectation of privacy in his locket. Both actions will fail. If the facts had taken place in college, the student may have had a privacy expectation

]]> By: Ken http://barexambrief.com/2010/01/30/mbe-question-of-the-day-32/comment-page-1/#comment-706 Ken Sat, 30 Jan 2010 19:19:29 +0000 http://barexambrief.com/?p=836#comment-706 B -- Random is no go, but the basketball player consented at least constructively to the search. B
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Random is no go, but the basketball player consented at least constructively to the search.

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