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Authors ›› Breyer Pages: ‹1› ‹2› Bond v. United States (2000) JUSTICE BREYER, with whom JUSTICE SCALIA joins, dissenting: At worst, this case will deter law enforcement officers searching for drugs near borders from using even the most non-intrusive touch to help investigate publicly exposed bags. [...] Illinois v. McArthur (2001) Opinion by: BREYER In the circumstances of the case before us, we cannot say that the warrantless seizure was per se unreasonable. It involves a plausible claim of specially pressing or urgent law enforcement need, i.e., "exigent circumstances." [...] Board of Education Et Al. v. Earls Et Al. (2002) JUSTICE BREYER, concurring: The school's drug testing program addresses a serious national problem... [...] Board of Education Et Al. v. Earls Et Al. (2002) JUSTICE BREYER, concurring: ...[T]he program at issue here seeks to discourage demand for drugs by changing the school's environment in order to combat the single most important factor leading school children to take drugs, namely, peer pressure. National Center on Addiction and Substance Abuse, Malignant Neglect: Substance Abuse and America's Schools 15 (Sept. 2001) (students "whose friends use illicit drugs are more than 10 times likelier to use illicit drugs than those whose friends do not"). It offers the adolescent a nonthreatening reason to decline his friend's druguse invitations, namely, that he intends to play baseball, participate in debate, join the band, or engage in any one of half a dozen useful, interesting, and important activities. [...] Board of Education Et Al. v. Earls Et Al. (2002) JUSTICE BREYER, concurring: In respect to the school's need for the drug testing program, I would emphasize the following: First, the drug problem in our Nation's schools is serious in terms of size, the kinds of drugs being used, and the consequences of that use both for our children and the rest of us. See, e.g., White House Nat. Drug Control Strategy 25 (Feb. 2002) (drug abuse leads annually to about 20,000 deaths, $ 160 billion in economic costs); Department of Health and Human Services, L. Johnston et al., Monitoring the Future: National Results on Adolescent Drug Use, Overview of Key Findings 5 (2001) (more than one-third of all students have used illegal drugs before completing the eighth grade; more than half before completing high school); ibid. (about 30% of all students use drugs other than marijuana prior to completing high school (emphasis added)); National Center on Addiction and Substance Abuse, Malignant Neglect: Substance Abuse and America's Schools 15 (Sept. 2001) (early use leads to later drug dependence); Nat. Drug Control Strategy, supra, at 1 (same). [...] Pages: ‹1› ‹2›

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