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Importance of the 4th amendment
The importance of the fourth amendment
The importance of the fourth amendment
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According to the National Institute on Drug Abuse, approximately 13.3% of 12th graders reported using illicit drugs. Those drugs that students use are being brought into schools and are being exposed to many other students. School searches are a way that some schools solve those drug problems. Although some schools use them to provide a safe environment, other schools argue that they violate student’s privacy. The Fourth Amendment is taken into consideration when schools have to decide if they should use school searches or not. All schools should use school searches because they provide a safer environment for students and staff of the facility.
School searches have been a very controversial topic, and there is debate over whether or not
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The first reason why critics think that school searches are not beneficial is because it violates student’s rights. According to the article The Right to Search Students, “The Fourth Amendment to the U.S. Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” (Ehlenberger 34). This example represents that school searches go against student’s rights against unreasonable searches and that it runs the risk of alienating the kids. Another reason why critics do not agree with school searches is because it creates an unhealthy relationship between the students and staff. By being searched, students may feel like their teachers do not trust them, thus leading to conflict and unhealthy relationships. The final reason why critics do not think school searches should be used is because the school searches do not eliminate the problem. Critics claim that even if there is a school search, it will not prevent the drug use on school grounds. They claim that students are going to use drugs regardless. In brief, critics think that school searches will not benefit the school; it will only create more
In the case Morale v. Grigel, 422 F.Supp 988 (1976), the plaintiff James Morale, who is a student at New Hampshire Technical Institute, room was entered and searched by officials representing the dorm. There was no probable cause for them to enter his room, and while there they seized what they alleged to be “purple haze”. The court ruled that a check or search of a student's dormitory room is unreasonable under the Fourth Amendment unless NHTI can show that the search furthers its functioning as an educational institution. The search must further an interest that is separate and distinct from that served by New Hampshire's criminal law. Obviously, administrative checks of the rooms for health hazards are permissible pursuant to the school's
... 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.
“‘Look inside a high school, and you are looking in a mirror, under bright lights. How we treat our children, what they see and learn from us, tell us what is healthy and what is sick and more about who we are than we may want to know (Gibbs, 1999).’”(Beger 119). Essayist and managing editor of Time Magazine, Nancy Gibbs tells the public of how unappealing public schools have become due to their carelessness and negligence. Consequently, schools have become power crazed institutions that punish students in the place of a parent. Thus, schools that operate in this manner have begun to scare the public, and it has brought forth court cases because schools searched students unconstitutionally. The Supreme Court of the United State should revise
The first and one of the most important reasons locker searches shouldn’t be conducted is because of how it affects student trust. When students are informed their lockers can be searched at any time, it may give them the impression that they’re not trusted and are doing something wrong, even if that student is completely innocent. “The biggest drawback to a school locker search is the lack of trust students may feel
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...
As we learned in class, it’s our constitutional right not be searched without a court paper. The Fourth Amendment says “people have the right to be secure against unreasonable search and seizure, and that no warrant shall issue but on probable cause and specifying the place to be searched and the persons or things to be seized.” However, we are being searched by the government consiste...
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.
Occasionally, certain instances have occurred in which school administrators or staff members have been allowed or instructed to search through the personal belongings of students, sometimes without the
Some may say that drug testing students is unconstitutional because it is an “invasion of privacy”. This, however, is not true. . . “In 1995, the United States Supreme Court ruled that drug testing for high school athletes was constitutional, and some districts expanded their policies to include middle schools.” I believe allowing schools to drug test athletes was a very positive thing. For many reason, but mainly because athletes who are on drugs have a higher risk of being injured. For example a kid who is on drugs and plays a sporting event has a greater risk of their heart stopping on the field or court. “Drug tests analyze bodily samples such as urine, blood, or hair to detect the presence of legal and illegal drugs.” The most common one is urine testing. I believe urine testing is the best way for high school students, because it does not take as long as some other tests and it is not as costly as other tests. This is especially important because obviously a school does not want to spend money on anything they do not have to. Our school does randomly drug test students every once in a while but only a few of the athletes are chosen to take the test so that really is not helping ...
School searchers have been going on for many years now, and as the years keep passing the searches happen more and more. Schools didn't have many back in the day due to trust in the schools also they didn't have as many drugs around as now a days. I feel that school searches are a good thing to have through out the year and also have them if they have probable cause to search sgtudents lockers.
In the United States high schools dealing with student’s privacy are becoming more of a huge problem and more students are feeling that schools are validating their privacy rights. In recent discussions of teen privacy in school, is whether if schools go overboard sometimes and feel they can search the student’s because they are using school property or are on school property. Some people feel that students do need more privacy from their schools because they need their privacy just like everyone else, and with this more reasonability they will have to get them ready when they leave school. On the other hand, some think that by giving more privacy to the student’s more poor decisions would come out of it than strong ones. Students that have
...ey to getting a good job, but high school students can’t get their education if they are caught up in doing drugs. Over thirty percent of dropouts in the United States are because of drugs. The thirty percent of drug addict dropouts may never find a job. Thats why it is important for high school drug testing to be enforced among all students. High school drug testing would allow early notice of drug use and allow the school to steer the student into the right path towards success. The drug tests will give students confidence and another reason to say “No” when being peer pressured into trying drugs. Many would argue that drug testings invade their privacy, but with drug usage being at an all time high who can we count on? High schools are made to prepare students for their future, and in order to make the students successful we must allow high school drug testings.