Case Study Maggie Williams Bag

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

The Fourth amendment of the bill of rights prohibits unreasonable searches and seizures any warrant to be judicially sanction and to support to probable cause.

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

The Fourth Amendment 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

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

Unreasonable searches are to be prohibited in middle schools. Since the reasons for Redding being search was at the request of the principal. Wilson, he was the main person discussed. The nurse and secretary were acting as agents for Wilson in order to perform the search that he was unable to do because he was male. The school’s rules for the suspicions of illicit drugs were modified to adjust to how it should be handled by school officials. The reasonable standard of suspicion and probable cause has an implicit bearing on the reliable knowledge of what is known and discovered. The rules of the school do strictly prohibited the use of nonmedical use, possession, or sale of any drug on the school grounds. The majority feels that the manner in which she was searched was unjust and that it should have been more proof before they proceeded to perform a strip search of the student. The search of the backpack and outer clothes could be expected because of reasonable suspicion of concealing drugs, but the strip search was unnecessary because her clothes did not have pockets and they did not have the right or enough proof to proceed with the strip search in the manner that they did. The Court has adopted a different standard for searches involving an intrusion into the human

The case was argued to the U.S. Supreme Court on March 28, 1995. The court noted that the Fourth Amendment, which forbids unreasonable searches and seizures, was extended via the Fourteenth Amendment to cover searches and seizures by state officers, including those at public schools. Since the collection and testing of urine under the school policy was a search and thus subject to the Fourth Amendment, the Court decided a reasonableness test would be required. As a result, the court stated that while school officials are technically agents of the state, because of their custodial relationship with their students, the school faculty have authority to act in-loco-parentis to make sure the children they are responsible for are kept safe. The court

In the case New Jersey v. T.L.O., the student’s purse was searched after the principal had reasonable suspicion that she had cigarettes in her purse since she was caught smoking in the bathroom. The court decision in this case concluded that teachers are acting as agents for the state and are therefore allowed to search if they have reasonable suspicion. Students do have the Fourth Amendment right as all people in America have. However, student’s expectation of privacy has to be balanced with the needs of the school to maintain the educational environment. Schools do not have to obtain a warrant to search, but must have reasonable suspicion in order to search a student’s person or property.

In recent years, schools have been increasingly subjected to weaponry, drugs, and violence. School officials are seeking ways to help maintain a safe environment for their students. The increase of violence has led to many cases of controversy over students’ Fourth Amendment rights. The Fourth Amendment prohibits unreasonable searches and seizures and requires a warrant to be presented and supported by probable cause. The problem with this is that requiring school officials to bring in police and for them to obtain a warrant takes time, time that these people do not have. If there is a threat that a student may possess drugs, the administration of the school needs to take immediate action in order to maintain a safe environment. Schools should be able to take any necessary action in order to keep other students safe, but should also have guidelines they must follow in extreme cases, such as strip searches.

1. The Fourth Amendment of the U.S Constitution says, “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.”

The Fourth Amendment provides, "[t]he 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."

Justice Thomas had a dissenting opinion and stated that the fourth amendment right does protect us against unreasonable search and seizures (as did most of the judges). But it is the context of were it takes place he says students have the fourth amendment right just not on school property. The reason is the responsibility the school and the officials have is to ensure the safety of the students. Thomas concurred in the

The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.”

Public school administrators are state actors for purposes of the Fourth Amendment and are subject to the constitutional prohibition on unreasonable searches and seizures. New Jersey v. T.L.O., 469 U.S. 325, 333-334, 341 (1985). Public school administrators are state actors for purposes of the Fourth Amendment and are subject to the constitutional prohibition on unreasonable searches and seizures. Id. at 341. Searches by