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Fourth amendment violation examples
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Search and Seizure Schools have the right to search students, their lockers and bags. Is it violating the rights of students? Schools should have to get parental approval and approval from the police to search students, and or their belongings. “In 1990 a high school student in Omaha, Nebraska, sued her school when it refused to let her and many of her friends have a bible class on the schools property. the result of the Westside community schools v. Mergens, the U.s. Supreme Court ruled in favor of the student and allowed her to organize the bible study class”(Torres). The bill of rights was made to limit the powers of the government to take away students rights. Schools think they have the power of the government, which in some cases …show more content…
they do. Students are not allowed to practice their religion in or on school grounds, and if you violate that rule they can search the lockers of the student who violated this law looking for religious books. That is not right, the schools should allow religious practices in school as long as it is not violating other student’s rights. Schools also have the right to hire the police to come in with drug dogs to rid the schools of drugs, which is ok because they are making it a safer learning place for the all the students. Legally the schools can search students and their belongings if they suspect that the student is in possession of illegal or forbidden items. They then can search the student any way they feel is necessary except searching body cavities, only police can do that and only when they have a warrant. Imagine that a student is smoking in the bathroom at school, a teacher smells the smoke but sees no smoke nor the student doing it. The student is then sent to the principal's office. The principal asks the student if he was smoking in the bathroom and the student denies that he has ever even smoked before. The principle then tells the student to empty his pockets and their lies a pack of cigarettes and a lighter. This is completely legal as it should be. Schools and colleges search students lockers for a number of reasons, not just drugs. They also search for guns and illegal items like smoking paraphernalia. They can also search for stolen items, and they can open any packages, bags and boxes whether you want them to or not. If they find anything, the school board can expel the student or give that student and anyone involved a suspension. In a case New jersey vs. T.L.O., the Supreme Court ruled that student’ privacy right against Unreasonable search and seizure must rely on the schools right and need to provide an acceptable learning environment. No search warrant is required to search a student or their belongings, but one is required to search mass”s of students. Student have less rights from being searched than adults. “Recent studies of school discipline have called for greater scrutiny over treatment of students in varying demographic contexts”(Torres).
This quote means current trends in discipline in schools requires a critical evaluation of students. Most high school students do not know the bill of right, and if they do not like being searched they need to know them so they can defend themselves from unlawful search and seizures. Because then they would find out that they have the right have religious classes and receive notice of criminal charges against them . “ Lockers are often begrudging investments, scraped from the bottom of the budget barrel. Students like to appreciate their lockers, to make it their own. It is time to make student feel more prominence as they build spaces to make students feel more connected to each other to make better decisions”(Sneider) This means that student will make better decisions if they are given nicer things. the reason being they will be happier and make less poor decisions. Then that would make locker searches not …show more content…
needed. Alan Gettleman from American School & University, pointed out that Universities have certain bathrooms and locker rooms under surveillance. “School and university restrooms, locker and shower rooms have specific ADA accessibility requirements that serve the needs of staff, students and campus visitors who are disabled as a result of injury illness and age”(Gettleman). “Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student”(Essex).
The Fourth Amendment Reasonably states probable cause, which is a higher standard than the suspicion standard that applies to all non-intrusive searches. There are many cases involving people and students fighting the law and of the rights of the school on unreasonable and unlawful searches. Schools all around the globe are doing search and seizure of students and their property. This topic also brings up gun control because when teachers and the principals search lockers they also look for guns. “In the past 20 years gun violence has gone up tremendously”(Gettleman). As Internet communications and interactions and between students and the school staff members become more widespread, school rules for student behavior is important. Students carry PED’s or (personal electronic devices), sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such
devices: To what limit can a school regulate off-campus sexting and cyberbullying when it relates to students. Legal principles in this area were made by the U.S. Supreme Court decades ago in a court case known as Tinker v. Des Moines. this case occurred when the court confirmed that students should have constitutional protections while at school. When investigating possible student misconduct relating to sexting and cyberbullying, schools still operate within the limits of the Constitution regarding due process, free speech, search and seizure rights. When the serious cases of a student's misconduct online affects other students or school staff, it makes the misconduct hard to ignore. But there are some limits on school authority to conduct lawful and reasonable searches. A school that does nothing does not abide by the rules of the civil rights laws that OCR enforces. The Fourth Amendment to the US Constitution provides protection of all citizens against unreasonable search and seizure. The US Supreme Court has affirmed that the basic purpose of the Fourth Amendment is to guard the privacy and security of individuals against unlawful intrusive searches by governmental officials. Since students possess constitutional rights and public school officials are considered governmental officials for Fourth Amendment purposes, privacy protection is afforded students in public schools within reasonable limits. A reasonable search is one that clearly does not violate the constitutional rights of students. What is reasonable, depends on the context within which a search occurs. Strip searches involving students in public schools are the most intrusive form of all searches. Extreme caution should be exercised by school officials regarding these types of searches. Statutes imposing criminal sanctions for cyberstalking and prohibitions on sexting by minors. This means schools need to balance both the need to understand students' rights and protections in this area, while taking reasonable, lawful steps to assure that students and staff are not being victimized. Using combination of legal research, policy analysis, and quantitative research to examine the impact of two Supreme Court decisions. Search and seizure of students property should be illegal and schools should have to get a warrant if there is suspicion of drugs. Schools can search students phones for cyber bullying and sexting. They can also search students lockers for forbidden items , which is just ridiculous.
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, 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" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
... 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.
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
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
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
In the Earls vs. Board of education the violation of Fourth Amendment of the US Constitution was mentioned. The Fourth Amendment of the US Constitution states the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” .When Lindsay Earls was forced to perform a drug test at her school, the school violated her privacy rights. By law children and teens under the age of 18 are forced to attend school, therefore when Lindsay was a minor she didn’t have a choice. The school doesn’t represent a reasonable reason in order to have performed the drug test. Lindsay was an extraordinary student participating in many extracurricular activities such as Choir, National Honor Society, marching band and an academic team. Drug testing in schools is not required because it shows no improvement to the school, it takes away money from the school for each drug test performed, the drug test aren’t always correct, and drug testing can actually cause emotional trauma on students.
The Fourth Amendment provides people with the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Courts have long recognized that the Forth Amendment protected individuals from unjustified police intrusions into one’s person, home, car, or other possessions, but few practical protection mechanisms existed. To preserve these constitutional guarantees, the Supreme Court established standards by which police officers must abide. One such protection has been the probable cause — a belief that the person committed, is committing, or is about to commit a crime. In order to uphold an arrest or seizure, courts have required a probable cause combined with either a warrant or circumstances
Which can be having armed officers walk though halls, making sure the school is safe from any harm that could potentially happen.
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...
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Which include danger to the school or any of the students and this should be the only way teachers and schools can restrict students’ rights. but schools tend to go too far restricting students’ rights “The principal had ordered the stories removed from the paper because he believed the story about teen pregnancy was inappropriate for some of the younger students at the school, based on its discussion of sexual activity and birth control”(What are the free expression rights of students in public schools under the First Amendment?) a student though that this was appropriate for the school to read and it was but the officials at the school did not think the same way. also another case Bazaar v. Fortune officials tried to stop publication of a book just because it had a few words in it that they did not like.(The First Amendment and Public Schools) this is taking there restrictions just too far. The government should be able to set guidelines of what the immediate danger is and what kind of expression goes way too far and have it sent out to all the schools in the United States. This might help schools from restricting our
Censorship in schools can protect children and eliminate problems, but it can also cause many other problems. For one thing, it sometimes violates the First Amendment. The First Amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Taylor 15). These rights are guaranteed to all American citizens, and that includes schoolchildren as well. According to the Constitution, the government cannot take away these basic rights. Public schools are government funded, so they must be sure not to infringe on student’s rights or there could be a lawsuit on their hands. In addition to legal consequences, school is about learning and ...
Dress codes and uniforms go against the Frist Amendment and take away students constitutional rights. During the Tinker v. Des Moines Independent School District case the U.S. Supreme Court ruled that “students do not shed their constitutional rights to freedom of speech and expression at the school house gates.” (Kelly). By the Court saying this means that students do have their constitutional rights at school; dress codes and uniforms take that away for them. The U.S Supreme Court also made it clear that schools cannot just ban a student’s expression because they do not like, or see it as a possible threat. The school must have evidence to support their theories of the students expression would harm others around them or cause conflict among the students (Kelly). Some schools do this all the time, because they do not like what a shirt says; they will say it is against the rules and ban it. This clearly says schools are not allowed to do this.