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The 4th amendment explained
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School searches have a lot of controversy involving the students 4th amendment rights. The schools need probable cause to search, they can't just search anyone's stuff for no reason. it doesn't make the school safer if they are spending all their time searching innocent people. I think that school searches make schools safer if they are executed right because they keep stuff you don’t want your kids taking part in away from the schools. School searches are used to keep drugs, weapons and alcohol out of school where they don’t belong. School searches can solve a drug problem in a school but it in effect the relationship between the teachers and students would dwindle. They could also make a nonexistent drug problem go up. in an article Kate Ehlenberger said "a teachers report of a student smoking in the bathroom justified a search of the students purse" (Ehlenberger 1). kids will find anywhere they can to light up even if its in school. Drug searches are a gray area in school districts because they don’t want parents knowing that there could be a potential drug problem at their kids' school. there is a strong debate on whether searches are justified or not. …show more content…
The searches don’t do any good if your searching little Johny just trying to get to math class. You have to be smarter than the drug dealers, which is hard because they are trained to avoid cops at all costs. in an article Bryan Robinson said "a former student admitted to selling "quite a big of marijuana" to current students" (Robinson 1). In another case school is one of the best places to bust people because there is a bunch of "customers" in one building at one time. some people dont think school searches are a good
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
Decision : Reasonable standard held to be proper standard for determining legality of searches conducted by public school officials.
Keller High School principal, Jeff Bradley states, “’We want to take every precaution to keep drugs out’” (Engelland par 5). Bradley sent out letters to the parents of students of Keller informing them of the searches by drug dog. The dogs will search student’s lockers, parking lots, and the classrooms (Engelland par. 6-8). In another article, Mark Walsh addresses the impact that drug dogs have had on schools. He tells how under Florida’s Fourth Amendment understanding, police officers would be free to walk by a car or a student for example and instruct the dog to begin searching (Walsh 21). Walsh tells of how other cases involving dogs will affect schools because if it is permissible for a dog to walk up and sniff anyone that passes by this point in time police will be continually searching without a warrant. This would be a blatant disregard for the amendment against unwarranted searches and seizures (21-2). If this were to continue, dogs could eventually maintain a steady presence in schools, and this would impact schools significantly due to the fact that the police would not be required to leave. Police already hold a high presence, and drug dogs would highly increase police authority
The 4th amendment of The Bill of Rights guarantees freedom from unreasonable searches and seizures. Henry David Thoreau once said, “That government is best which governs least," this statement is true because the more the government is involved, the more complicated life becomes for the people of the U.S. When government is too involved in something, it can soon becomes corrupt. The Safford Unified School District v. Redding was a case in 2009 where thirteen year old Savanna was suspected to have given prescription-strength ibuprofen to a friend in school, this resulted in the vice principal taking her backpack and searching for more pills. Nothing was found in Savanna’s backpack so she was sent by the vice principal to the nurse’s office to be stripped of all her clothes including her undergarments; again nothing was found. In this instance the school became overly involved for non-justifiable reasons which caused the situation to become corrupt. This is comparable to when the government and law enforcement is too involved in the citizen’s lives. It is of unjust law to search the American people without probable cause. The school strip searched Savanna illegally which
The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students.
The law differs from state to state as the 4th amendment has been modified to meet public school safety. Legislatures decided that there needs to be some modification of the level of suspicion of illegal activity needed to justify a search. They also decided that there's a need for a balanced between the students and the school setting. The 4th amendment has been modified from where you need probable cause and a warrant to...
Which can be having armed officers walk though halls, making sure the school is safe from any harm that could potentially happen.
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
Searches and seizures in schools are not recent issues; however they are becoming more public now than in recent years. The Bill of Rights covers searches and seizures under the Fourth Amendment which states 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, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized” (Bill of Rights par. 9). Under the Bill of Rights, citizens are guaranteed a right to privacy and are protected from unreasonable searches and seizures that are conducted without “probable cause,” evidence sufficient to warrant an arrest or search and seizure.
The schools had also brought in school officers to have on school grounding during school hours. They feel that they need these type of secured to have their children protected. Parents feel a little say knowing that there is a police in school patrolling. In several school they have started to do searches to make sure no one is bring anything dangerous that could harm a person. This is super important to makes sure no weapons are on school grounds. Schools have also put on their policy that if any weapon is found on the person’s possession there could be serious
Yes, I do know that even with school searches people bring all types of things on to school campus no matter if they get caught or not. I feel as if the students do have the right to refuse if they are searched or not because the fact of them being a minor and the fact that as a kid we get into places where we don't always know the right answer or way to go so we agree to things we might not understand. I also feel that if law enforcement has to have probable cause the school bored should have probable cause as well. " school officials.... are not required to advise students that they have a right to refuse consent to search .... or rise discipline." (Ellenberger 32) Some schools have all different policy's and rules to telling students their rights to refusing anything because they are dealing with more minors then with legal adults. Secondly, many parents get concerned about their children being in schools that don't have searches. " Parents and students fear that they will be in class with other students who are under the influence." (Robison) The parents and students feel that having school searches will help eliminate the drug and alcohol use in or during school hours. Lastly, most school bored are just looking for a safe environment for their students and staff to come to for eight
Would anybody want their freedom taken from them? Nobody would willingly give their freedom up. What’s the next thing thats going to happen, will schools having edible food. Hard to see, right? So are uniforms. Schools should not have uniforms for these three reasons: It takes the students freedom of expression away, it’s a bandaid reason to cover up violence, and some parents might not be able to afford the uniforms.
Walters, John P. "Student Drug Testing Is Necessary." Opposing Viewpoints: Privacy. Ed. Jamuna Carroll. Detroit: Greenhaven Press, 2006. Opposing Viewpoints Resource Center. Gale. University of West Alabama. 16 Mar. 2010 .
Have you ever entered your school to see men in uniform processing drug tests to all students of your school, your friends, and even people you might know who do drugs? Have you ever thought about getting caught if you’ve had taken drugs or alcohol recently?
There is right from wrong and it is wrong for student to do drugs unless prescribed by a doctor. It will benefit students’ lives by making right and smart choices. The goal of high school is to educate and prepare students for a successful future, but how can a students future be successful if they are doing drugs? Research and statistics have shown that drug use and dropout rates go hand in hand. The annual dropout rate in the United States is extremely high. One in seven students will drop out of high school before receiving their diploma and over thirty percent of these dropouts use drugs illegally. Many high schools around the nation...