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News of horrific events overshadows everything in your day. “Three students shot dead in California”, “School shooting kills four in New York”. All of this tragedy, this loss of life, could be stopped if school officials took the necessary steps to conduct much needed searches of student materials. A very controversial topic in the United States is whether schools have the right to search student backpacks and lockers without probable cause and without student consent. The stakeholders in this are school officials and students. School officials are pushing for more control over what materials students have in their backpacks and lockers whereas students are asking for the right to refuse unreasonable searches. This is important because essential …show more content…
According to the Washington State Constitution, Section Three, “No person shall be deprived of life… without due process of law.” This means a school's right to conduct searches without probable cause is supported by this as not searching students may allow for a gun to infiltrate the school, then used to kill a student. Being killed in a school shooting is not due process of law, it is murder. Thus, this would be a violation of the Washington State Constitution. This also supports the democratic ideal of life, which gives citizens the right to live their lives without fear or threat. The fear and threat coming from the possibility of being victimized in a school shooting. Equally important, an article by the Association for Supervision and Curriculum Development states, “School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students.” This authorizes school officials to conduct much needed searches faster and easier than law enforcement. Which makes defending the student body’s right to live their lives without fear or threat from dangerous materials a much easier and more efficient task. Schools searching student backpacks and lockers without probable cause and without student consent is …show more content…
This is supported by the Preamble to the Constitution that says we must promote the general Welfare and Provide for the common defense in order to Order to form a more perfect Union, and by searching student materials for contraband both of those ideas are accomplished. Additionally, the democratic ideal of life supports school material searches as they allow a student to live their life without fear or threat from possible drugs and school violence. Finally, the common good demands searches without probable cause as one search could save many students from drug exposure or harm from other students. According to Camas School District policy 3230, all students possess the constitutional right to be secure in their persons, papers, and effects against unreasonable searches. This means that the school does not have the right to conduct searches without probable cause or student consent. The First Amendment to the Constitution provides all citizens with the right to “petition the Government”. Now is the time to petition. Contact Tracey Malone of the school board at traceymalone@gmail.com and ask for her to change the school district’s current practice of student searches so schools may conduct searches without probable cause or student consent. With these searches, all the ghastly
... 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.
“‘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 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 school locker is usually the only private space available to a student in the environment of the school. So it focuses many of the main issues involved in privacy of the students. The 4th Amendment of the US Constitution states “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 person or things to be seized.”
Does the Fourth Amendment's prohibition on unreasonable searches and seizures apply to searches conducted by public school officials?
Family environment and the press are two major influences resulting in the recent tragic school shootings. As much as society continues to focus the killing rampages on factors such as television and music, what children are exposed to in reality contributes to the violence. The most recent school shooting in Michigan involved a six-year-old first grader who killed a classmate with a .22 caliber pistol. The news coverage had vanished after two or three days, and I was left wondering what had happened. Considering the fact that the media wore the Columbine incident out, I wanted to know why they did not pay more attention to this school shooting. As evidence did arrive, it was discovered that the child lived in a household where cocaine, heroin, and many other illegal drugs were commonplace. Also in this “home” guns were easily accessible to the child. Children growing up in this type of environment certainly are likely to be held accountable for future violence. Even though I am against the news media presenting too much school violence, Americans should have been deeply disturbed by this shooting because of the child’s young age. The Michigan shooting should have enlightened Americans to the dilemma we face in this country. Two weeks after the Columbine High School shooting, information on the mass murder was still being broadcast on television. The press was feeding young viewers ideas on how to kill their classmates. News was reported how the teenage murderers acquired information regarding building bombs, obtaining guns, smuggling guns into the school, and proceeding to kill their classmates. A mentally unstable teenager could simply watch these news reports and write a book entitled, “How to Slay Your Classmates”. This onslaught was ridiculous and the news coverage should not have been permitted to continue for countless weeks. Society has determined three reasons on which to blame the shootings. First, the nation blamed it on television’s violent programs. Following that, Americans gave the music recording companies the evil eye as well as attacking the gun manufacturers. All of these reasons involve material objects that are unable to think for themselves. Televisions and CD players do not control themselves, people control them. Finally, boundaries controlling the television programs children view should be set by the parents. The same explanation applies to firearms. How can it be a gun’s fault that a person killed another human being?
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
Preventing School Shootings From 1980’s till now, there are has been many school shootings. Many researchers have made many hypotheses as to why these occur. The most tragic shooting took place in Sandy Hook Elementary. 2.
One such unlawful act came to be known as the Gun-Free School Zone Act of 1990” (Arnold 495). One must acknowledge that the Columbine shooting, and every other school shooting past 1990, took place after the Federal Gun-Free School Zone Act of 1990 was enacted. This law did nothing to prevent our children from being murdered, it merely established a framework by which one can be simply be prosecuted for violating the provisions contained within. Passing more laws aimed at prohibition are meaningless and ineffective. Unless the Colorado State Legislature provides each school district with the means to actually enforce the Federal provisions of the Gun-Free School Zone Act, beyond that of just prosecution when the law is breached, any individual is free to physically bring a firearm onto the campus. Compliance with this law, as any law is, is only applicable to those that voluntarily comply; prohibition of guns brought into K-12 campuses are an exercise in futility without the means, such as a metal detector, to enforce the federal
"A Brief History of NRA." A Brief History of NRA. N.p., n.d. Web. 23 Jan. 2015.
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
We all know the fourth amendment. It states that we have the right to our own privacy, it protects us from illegal searches, and keeps us from being randomly placed in jail without reason.“It begins by declaring 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.”(Rohde). According to the constitution, schools don’t have the right to search students’ lockers, because it violates the rights of the average student.
if the official has reasonable suspicion that a crime has been or is in the process of being committed" (uscourts.gov). This meant T.L.O's 4th amendment was not in fact violated. The Appellate Division and the New Jersey State Supreme Court agreed that the 4th amendment includes school officials being able to conduct warrantless searches no matter the amount of reasonable doubt. In conclusion, the amount of probable cause does not matter when a school official conducts a warrantless search.
The United States is one of the only countries with the continuing problem of mass murder. 58 people lost their lives and more than 50 were injured when a man opened fire at an outdoor country music festival in Las Vegas on October 1st, 2017 (Hanley 6). This is one of countless massacres that have occurred in the United States. It is no surprise when one turns the TV on in the morning and a “News Flash” story pops up on the latest shooting. Gregory Kate of USA Today states that there has been greater than 200 events of mass murder in the past 10 years. It is no secret that guns are an easily accessible weapon in the United States, and in numerous other countries that is not the case. Most people can obtain a firearm with a simple, online background check on a computer. Within minutes the check is completed. Kate states the only people to be declined would be: "felons, fugitives, drug addicts, the mentally ill, illegal immigrants, some legal immigrants, people
Safety at Central York School District isn’t good because the bags aren’t searched and the students themselves aren’t searched. Someone could hide a weapon in their bag. If only bags are searched, someone could hide something in their clothes. “Most school security specialists agree that professional school security programs are much more comprehensive…” (Trump, Ken). If other schools believe that more security would make schools safer, why isn’t Central doing