You might have heard about the debate between the probable cause standard and the reasonable suspicion standard. When the probable cause standard is applied, it means that officers have to go through the long and tedious process of obtaining a warrant. With reasonable suspicion it is the opposite; officers can search students’ belongings without a warrant, and in case of an emergency, the dangerous situation can be easily prevented. I support using the reasonable suspicion standard in public K-12 schools for a multitude of reasons. Firstly, reasonable suspicion creates a safe environment. The standard of probable cause is more burdensome and it would make it difficult for officials to keep schools safe. Schools have a major problem with …show more content…
“It will force educators and resource officers to take the time to apply for a warrant instead of immediately addressing a perceived threat—time that in some circumstances, could literally be the difference between life and death.” (Tiller). More searches benefit education in two ways. First, it reduces drug use. Drug users are 7 times as likely to commit suicide and 60% less likely to finish high school. Second, it decreases gun violence, as more searches will create a mentality of fear, and students will eventually stop bringing them to school. Guns are found in a student’s possession once a day, according to The Trace. The Supreme Court has ruled that an anonymous tip is not sufficient evidence for probable cause. However, these anonymous tips can save lives. Safe2Tell is an anonymous tip line that allows students to report illegal activity. To date, it has intervened in 2,641 youths who were contemplating suicide and addressed 3,601 cases of bullying, among thousands of other incidents. The biggest thing that prevents students from reporting incidents is the ‘anti-snitch mentality’. This is exemplified by the fact that over 90% of students reported that they would use an anonymous line tip service if one were available to
... 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.
Redding became a starting case against unconstitutional searches of students where a girl had her backpack searched in the assistant principal 's office. After the official searched her bag, the school nurse’s office was her next destination, so the nurse and the administrative assistant could search her clothes and instructed her to shake out the elastic of her bra and underwear (Carpenter 86-87). The tragic part about this case is that it is not the first or final time a similar event has occurred. In the case of Jane Doe, “...or so she was called in this case…”, a student of a high school in Little Rock, Arkansas filed a case against her school (Dowling-Sendor 46). Dowling-Sendor tells of how the school regularly conducted searches of book bags and purses, and police officials would take any contraband found. Then any items found would become evidence for a prosecution (46). When school officials searched Jane’s bag, they recovered a container full of Marijuana, and its purpose was to convict Jane Doe on a drug misdemeanor charge. After being charged with this, Jane appealed to the 8th circuit because the District Court first dismissed her case. The court ruled in her favor in a two to one decision, claiming the search caused a violation of her rights. She had every reason to win because school officials search students at this school on a regular basis, and it is
It’s important not to overlook the fact that young people’s privacy is equally as important as anyone else’s. The fact that they’re young students increases the need for student privacy, as our minds can be more vulnerable and fragile. Privacy can ensure feelings of safety and comfort. 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 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
This paper assumes that a police officer may or may not have “probable cause to arrest a defendant for armed assault” (AIU, 2016, para 1). I will address if the police officer had probable cause to believe that there is a person hiding in the third person’s garage, attached to the house (AIU, 2016, para 1). Accordingly, the police officer may need or not a warrant “to enter the garage to arrest the defendant” (AIU, 2016, para 2). An examination to “if the officer is in hot pursuit with the defendant” (AIU, 2016, para 2), and if the defendant is known to be injured and armed” (AIU, 2015, para 2). In addition, explain if the police officer probable cause to arrest and search the A and B residences.
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...
Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct.
Schools are safe places. However, the American public has become increasingly concerned with crime in schools and the safety of students. In part, this concern has been shaped by the highly publicized acts ...
Which can be having armed officers walk though halls, making sure the school is safe from any harm that could potentially happen.
Lamorte explains how schools are trying to establish the “proper balance between an individual student’s right to Fourth Amendment protection from unreasonable search and the duty of the school officials to provide all students with a safe and secure school environment” (Lamorte
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
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.
Search warrant is a request, in the name of the individuals, marked by a justice or other legal power, allowing an officer to search for specified particular property and carry it before the judge (Nova Scotia v. MacIntyre, 1982). The search warrant is a standout amongst the most capable and important devices in the law requirement. While the procedure of seeking and getting a search warrant ought to be ordinary to most officers, there are numerous specialized and lawful pitfalls that can discredit a search warrant, lead to the concealment of confirmation or rejection of cases and have obligation suggestions for incorporated officers (Holcomb, 2003). Therefore, it is the approach of this office that all officers have a sound learning of the legitimate necessities connected with acquiring a search warrant keeping in mind the end goal to anticipate concealment of evidence. Supporting the Constitutional privileges of subjects and to administer open trust in this organization's order to do the police work in a moral and lawful way.