Argumentative Essay: I Plead The Fourth Amendment

I Plead the Fourth

We all know the fourth amendment. It states that we have the right to our own privacy, it protects us from illegal searches, and keeps us from being randomly placed in jail without reason.“It begins by declaring that the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”(Rohde). According to the constitution, schools don’t have the right to search students’ lockers, because it violates the rights of the average student.

The first reason why schools don’t have that right is because it violates students’ privacy. Let’s say that a student is suspected of using illegal drugs. They don’t know the name of the suspect or what locker they have, but they get a drug sniffing dog on the campus sniffing every locker. Let's also say that another student has prescription drugs in their locker for their severe stomach pains. The dog stops at that student’s locker, the officer forces the locker open, takes out that student’s things, and rummages through every bag, binder, and pocket. All

while the student is unaware of the search being conducted at their locker. That student is later called down to the office and interrogated like a criminal, while more searches are being conducted at other lockers. They have no warrants, no legal authorization for the searches, and the students, teachers, and parents are completely unaware of these searches. There is also another reason why this is wrong.

Let’s review the fourth amendment again.

“The Fourth Amendment is a catalogue of important personal rights that the Court has sought to interpret by balancing the right of privacy against the legitimate needs of law enforcement.... The Fourth Amendment also guarantees that “no Warrants shall issue, but upon probable cause.”...In essence, the Court uses a standard of reasonableness based on all of the facts and circumstances surrounding a challenged search or arrest” (Rohde). Searching through lockers without the parent’s or student’s consent or their knowing violates this amendment. The officers searching through the lockers don’t have warrants, which is required by law to make a search legal. By searching through lockers without a legal warrant, parental consent, or student consent, the officers searching the lockers and students’ personal items are violating the fourth

amendment.

Some people disagree with this statement saying things like “Lockers are school property” and “Students don’t have access to their rights because they’re minors”. The majority that say the lockers are school property, yes, lockers are school property, but the student’s belongings are not school property. Yes, it is a well known fact that most students are minors, but we all know the famous “Bill of Rights” written by James Madison himself, in the “Bill of Rights” it states that everyone has access to the Rights listed in that document, not just adults.

Schools are abusing their power and taking student rights away. Schools have been getting away with abusing their power for years and no one has made a move to stop it. The rights were created for everyone for a reason, do not let the schools take that away from a child, a teenager, or even adults. This can be prevented by letting students know their rights, learn how these rights can be violated, and if it ever happens, to report it to their parents. It doesn’t matter if the school is public, private, gender specific, or even religious. In the USA we all have rights, and schools must respect those rights, no matter the individual.