Drug Use In School Persuasive Essay

656 Words2 Pages

The increasing amount of public school students selling, using, or being offered illegal drugs on school property has not only parents greatly concerned but school administrators and educators as well. This matter has caught the attention of the United State Supreme Court, which held “deterring drug use by school children is an important-indeed, perhaps compelling interest of the government.” Although there is a common agreement for the need to provide a drug free learning environments for our students, there is much debate with regard to the procedures and measures to be taken before infringing on the students’ Fourth Amendment right. In efforts to safeguard our students, many states have implemented the use of strip searches. The idea of having young adolescents disrobing on school grounds shocks the conscience of many and acts as a red flag for the intrusion on students’ constitutional rights. In fact, a Federal District Court has characterized a strip search as “visual rape.” So, where do we draw the line between insuring the safety of our students and in the same turn not going as far as stripping them of their Fourth Amendment right? The Fourth Amendment essentially stands for the proposition that all United States citizens are protected from the unlawful search of their persons and property. However, the Fourth Amendment had not applied to public schools due to the fact school officials were governed by the doctrine of in loco parentis. This doctrine is predicated on the idea the educators should be viewed as substituting the place of the parents while the students’ are in the school setting. Following the rationale of this doctrine, educators shared the same rights and responsibilities that a student’s parents po... ... middle of paper ... ...notified the student’s mother and turned the evidence over to the police. This case is known for the monumental move the Court made by determining in contrast to the probable cause standard applicable to law enforcement, “no warrant is necessary for administrators and the school only needs to have reasonable suspicion to conduct a search.” Using this new standard, the court found Mr. Choplick had reasonable suspicion the student had cigarettes on her given the fact the teacher had reported she had been smoking and her purse “was the obvious place to find them.” Thus this reasonable suspicion lead to a more thorough search which the court held was also constitutional. Ultimately, the court weighed the student’s legitimate expectation of privacy and the school’s equally legitimate need to maintain a safe environment and found the school’s interest had more weight.

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