There is an ongoing controversy debating that if it is moral and just to perform student searches on teens in public schools. The article The Right to search Students states “Students in U.S public schools have the fourth amendment right to be free from unreasonable searches. This right is diminished in the school environment.”(Ehlenberger). The practice of student searches is relatively new, introduced about 24 years ago in Texas. Some businesses are flourishing in the student searching business. “Interquest started sending dogs to Texas-based schools 24 years ago. Now it contracts dogs to 1,200 school districts (and 8,000 campus locations) in 19 states.” States American writer and Professor Bryan Robinson. With more and more students trying …show more content…
Even though it violates some of the students’ rights to privacy, it ensures all school students and teachers safety. School searches were implemented to prevent school violence and prevent altercations at school. Searches also can validate or disprove accusations or suspicion against groups or individuals. Many who have experienced these types of searches noticed a decline in drug use ion campus and violence on campus. “We had used the traditional methods of drug education. We had brought in speakers to talk to the parents and the kids but that did not seem to be enough. The message just wasn’t getting through.” (Robinson) This passage suggests the traditional methods were ineffective, so non-conventional methods need to be implicated in order to prevent drug use and violence on campus. Resource officers, teachers, and administrators with experience in this practice of drug searches often discover the positive impact of drug searches, as Colorado principle Mary White said“Those who see dogs conduct these searches- they don’t know when the searches are coming, and they have an investment to protect. They just don’t think it’s worth it [bringing drugs alcohol, or firearms into a school]” (Robinson). Which shows the use of drug dogs and student searches HAS shown a positive improvement in
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
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
... 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
Another major reason why juveniles are ending up in the juvenile justice system is because many schools have incorporate the zero tolerance policy and other extreme school disciplinary rules. In response to violent incidents in schools, such as the Columbine High School massacre, school disciplinary policies have become increasingly grave. These policies have been enacted at the school, district and state levels with the hopes of ensuring the safety of students and educators. These policies all rely on the zero tolerance policy. While it is understandable that protecting children and teachers is a priority, it is not clear that these strict policies are succeeding in improving the safety in schools.
Daggett, Lynn M. "Book 'Em?: Navigating Student Privacy, Disability, And Civil Rights And School Safety In The Context Of School-Police Cooperation." Urban Lawyer 45.1 (2013): 203-233. Web. 26 Mar. 2014.
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...
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...
In chapter seven, Joel Samaha discusses a wide range of special need searches. Special-needs searches are generated by government interest in the public setting. According to Samaha, special-needs searches consist of four characteristics: 1. they’re directed at people generally, not criminal suspects and defendants specifically, 2. they can result in criminal prosecution and conviction, 3. they don’t require warrants or probable cause, 4. their reasonableness depends on balancing special government needs against invasions of individual privacy. Special-need searchers are routine searches in which ensure the safety of those in the general public. The most common of searches are inventory searches, international border searches, and airport
Parents today know all too well how unsafe our schools are. All you have to do is turn on the news and there seems to be a story about violence in schools and how it is drug related. One of the largest contributors to juvenile violence and delinquency is the use of drugs. If it were as easy as just taking it away, we would see more academic achievements by young adults, but it goes much further than that. The problem is much deeper than it appears at the surface, and it takes strong individuals to be willing to go into the depth required to make a difference in the situation. In the story, "A New Tradition of Courageous Dissent," by Myron Glazer and Penina Glazer, they t...
In today’s society, everybody is encountered with drugs at least once. The reason for this is due to family, friends, or references in the media. Teenagers are often influenced by their peers to do drugs, and they need to be tested at their schools to prevent adolescents from partaking in this activity because the number of their peers will diminish. However, there are people who believe that testing students is against their constitutional rights. On the other hand, there are those who believe that it needs to be done to protect adolescents from using illegal drugs. Drug testing needs to take place in schools to protect all students from the physical and emotional toll on the body.
Is homework beneficial or harmful to students? Is so much homework given to students that it interferes with other interests that students enjoy? Does homework intervene with family time? Homework is school work that is assigned to be done outside of the class room. Though homework is often seen as a waste of time, it can also be seen as a way to help students to develop important skills that can be used throughout their life and to be successful when they decide to join the workforce.
Everyone has cheated on something at some point in their life, whether it is in a game, on a test, or in a relationship, everyone has done it. Cheating is anything that involves breaking a rule, or getting an unfair advantage. Schools are one of the most popular places people cheat. Many people down play cheating and use excuses like, “He shouldn’t have let me see his paper,” or, “I am just using my resources wisely.” But, what causes people to cheat? Students cheat in school because of laziness, high standards or pressure to do well, and misunderstanding.
(2) Some experts believe the schools’ anti-drug programs are effective. Two popular programs are Drug Abuse Resistance Education (Dare), and the School Program to Educate and Control Drug Abuse (SPECA). The project Dare and SPECA programs use uniformed police officers to inform students in 5th, 6th and 7th grade about the risks of drugs, and how to avoid negative peer pressure (DeJong 109). William DeJong ,who is an analyst for the Education Development Center, has prepared this study for the National Institute of Justice (Bernards 108).