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School safety with introduction
The importance of school safety
School safety with introduction
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In today’s society, academics is the least worry of problems in the education system across the United States. Teachers don’t fully recognize their responsibilities to their students. One of the most debated issues in our schools today is, warrantless search and seizure of student’s possessions. Legal search of the student contain, reasonable grounds for suspecting that the examination will turn up evidence that the student has disobeyed or is disobeying either the law or the rules of the school. This is a very doubtful subject involving the legal rights of the individuals. The most common problem is that the faculties failure of understanding of their legal right to control their students. Legal search and seizure involves their students being informed that he or she is going to be searched, and that the search is to be …show more content…
If no proper warning is given, or if the search is not conducted in a private office, then the search is considered illegal.
Some may think that the searching of a suspicious students or any student would not be a problem, because it’s for the best of the whole school. With some of the latest acts of violence, with safety of the students being endangered, schools are still among some of the safest places for children to be. Schools offer, discipline, supervision, and structure for the students that don’t receive it at home. Student searches is the best way to keep a school safe. The Fourth Amendment right: The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. These are the rights that causes the disputes over the right to search students. The Fourth Amendment relates to all youth, when they’re outside
... 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.
“There are about 3 billion phone calls made within the USA every day” (Romano). Now picture you’re calling your friend on the phone. Sometimes we can take small privilege like this for granted. Now imagine that the government is listening to every single phone conversation that we make. Why wouldn’t this scare you? I know it terrifies me. Wiretaps are a problem that concerns every single person in the country. But it isn’t just wiretaps; with a program called Prism the NSA has obtained direct access to the systems of Google, Facebook, Apple, and other US internet giants (Glenn). Everything we search for on Google, every message sent or received on Facebook, every item purchased on Apple is all seen by the NSA. The government is overusing their power to spy on its citizens and it needs to stop.
One exception to the warrant requirement of the Fourth Amendment is a search incident to a lawful arrest. A search incident to lawful arrest requires a valid arrest as a foundation for conducting a search following an arrest (Ingram, 2009). In this particular type of arrest, a police officer will first begin the process by obtaining full control over an individual. Once the officer obtains full control over the individual he or she will then determine where, when, and how the person will either move from or stay in a particular area (Ingram, 2009). The next move is for the officer, after detaining the individual in question, is to then search the individual to find incriminating evidence. It is important to note that this type of search is actually permitted under the law.
The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p...
One of the most important amendments in the United States Constitution and which is also part of the Bill of Rights is the Fourth amendment. The Fourth Amendment protects people from being searched or arrested by police officers or any law enforcement without a reason. An officer may confront you and ask to search your house but if they don’t have a search warrant, they cannot legally pursue it without good reason and permission from a judge. Now what happens when a person is being arrested? Does the police or any law enforcement need a search warrant? The answer to that question would have to be no. This is where “Search incident to arrest” comes into play. Search incident to arrest (SITA), which could also be called the Chimel rule, is a
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.
Current advancements in technology has given the government more tools for surveillance and thus leads to growing concerns for privacy. The two main categories of surveillance technologies are the ones that allow the government to gather information where previously unavailable or harder to obtain, and the ones that allow the government to process public information more quickly and efficiently (Simmons, 2007). The first category includes technologies like eavesdropping devices and hidden cameras. These are clear offenders of privacy because they are capable of gathering information while being largely unnoticed. The second category would include technologies that are used in a public space, like cameras in a public park. While these devices
When someone is taken into custody they are read certain rights. These rights are called the Miranda rights. These insure that everyone knows what rights they have upon being arrested. Once arrested the police officer must read the rights. Included in the right are the right to remain silent and the right to a lawyer. For people that cannot afford a lawyer the lawyer will be appointed. Before the rights were implemented people would think they had to tell the police everything they saw or did, also by police stating the rights the people know that they have the right to a lawyer.
Evidence can prove that Miranda Rights should be an important right for the citizens of the United States Of America but should not be a digression or inconsequential and that shows Equality,liberty and justice. If we didn't have miranda rights we would end in a deleterious situation which would end in disaster for example, the police requirement to remember few amendment portrayed to Miranda Rights to recommend citizens that are inculpable to go to jail by police who can fabricate the situation.Evils don't have rights for other citizens like Paris which some of the victims have to be interrogated for a few days. “The Miranda warning prevents police from taking advantage of suspects who have been arrested or are in police custody. The Miranda Court determined that these protections were necessary to
However, because the Bill of Rights may be vague in its’ description of what constitutes “probable cause,” many cases have been brought before the Supreme Court to debate whether there was sufficient evidence for a search or seizure to take place, and some of these cases have dealt with searches and seizures in schools. One major Supreme Court case took place in ...
The United States criminal justice system constantly violates human rights. These rights belong to justify every person in America and should not be used to tear one another down for what their beliefs are. Likewise, freedom of speech is so ingrained in the constitution that it should be more widely embraced. The protection of religion, speech, and expression is a critical part of America’s political system. The strong, direct link between freedom and democracy is unbreakable and is an important part in governing ourselves. It states that Congress is prohibited in creating laws against people’s belief’s; yet, it is regularly denied to anyone who talks back to the law. Furthermore, this country supports the death penalty. While some individuals
Many people live in fear that they are constantly being watched. Michael Jackson sang it best in the 80 's by saying, "I always feel like, somebody 's watching me," in his hit song with Rockwell. That 's exactly what the NSA and other government organizations are doing today with domestic surveillance. Everywhere Americans go and every corner they turn there is a camera, and every website or email they send is being monitored closely. So what can society do about this? Educate others on the situation and stand up for what is right. Some people believe they must give up some freedoms for protection, but at what cost? What is happening in America is not what the founding fathers fought for. Domestic surveillance should not be allowed because
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