[DOWNLOAD] "University of Colorado v. Derdeyn" by Supreme Court Of Idaho * eBook PDF Kindle ePub Free
eBook details
- Title: University of Colorado v. Derdeyn
- Author : Supreme Court Of Idaho
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 108 KB
Description
We granted certiorari in order to determine whether random, suspicionless urinalysis-drug-testing of intercollegiate student athletes by the University of Colorado, Boulder (CU), violates the Fourth Amendment to the United States Constitution or Article II, Section 7, of the Colorado Constitution. Following a bench trial conducted in August of 1989 in which a class of current and prospective CU athletes challenged the constitutionality of CUs drug-testing program, the Boulder County District Court permanently enjoined CU from continuing its program. The trial court found that CU had not obtained voluntary consent from its athletes for such testing, and it declared such testing unconstitutional under both the federal and state constitutions. The Colorado Court of Appeals generally affirmed. See Derdeyn v. University of Colorado, 832 P.2d 1031 (Colo. App. 1991). We agree with the court of appeals, see id. at 1034-35, that in the absence of voluntary consents, CUs random, suspicionless urinalysis-drug-testing of student athletes violates the Fourth Amendment to the United States Constitution and Article II, Section 7, of the Colorado Constitution. We further agree, see id. at 1035, that the record supports the finding of the trial court that CU failed to show that consents to such testing given by CUs athletes are voluntary for the purposes of those same constitutional provisions. Accordingly, we affirm the judgment of the court of appeals.