The District Court dismissed the case, upholding the constitutionality of the school board’s decision to prohibit the students from wearing the armbands. The case later moved onto the US Court of Appeals, where a 4-4 vote upheld the lower court’s decision. They then took their case to the Supreme Court.
The third case, Daniel RR v. State Board of Education, was documented in United States Court of Appeals, Fifth Circuit in June 12, 1989. This case discussed whether a child with disability is given a right to receive mainstream education.
Assuming that the school district was not justified in its actions, does Susie have a claim under 42 U.S.C. § 1983?
Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.
1. Identify and describe the three possible alternatives for applying the Fourth Amendment to “stop and frisk” situations. Also, identify which alternative the U.S. Supreme Court adopted and explain why.
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 lower courts that were deciding on the case initially were the district court of Arizona and the Ninth Circuit Court. The District court granted the motion that the Fourth Amendment was not violated. The Ninth circuit found that the strip search was unjustified under the fourth amendment. The circuit court later tested the qualified immunity, and discovered that the rights of the child were established at time of the search.
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 1969, three young activists walked into school and were told they could not symbolically express themselves. Without these teens carrying out this simple act of rebellion, students today would lack basic rights in the school place, as they would have no outlet outside of the home to express their views. In order to understand Tinker v. Des Moines Independent School District one must examine the history behind the case, analyze the case itself, and evaluate the impacts on modern society.
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.
The Santa Fe Independent School District v. Doe stated that student-led/ student-initiated prayer at high school football games violated the establishment clause of the first amendment. The Baptist religion was promoted in the Santa Fe Independent School District in Texas, which is located between Galveston and Houston. A teacher handed out flyers for a “revival meeting” which involved reading the bible and other Catholic things. They offered prayer up to God at graduations, assemblies, and football games. One mormon student and mother filed suit against the school district. Also, one catholic student and mother filed suit against the school district. Their lawsuit involved that the Establishment Clause was violated many times. They did not
Banks, was the handling of the searches. According to Shade v. City of Farmington (2002), administrators should conduct a search first and then utilize expertise of SRO if evidence is discovered. The administration was not involved in the initial search. In both Horton v. Goose Creek Independent School District (1983) and New Jersey v. T.L.O. (1985) the court deemed it legal to conduct drug searches for probable cause of school lockers and cars in parking lot, so the search of Truant’s belongings was justified if it had been completed by administration first. Ms. Banks should not have conducted any search. The cigarettes and lighter found in the car should be returned to Truant’s parents. Since no drugs were found during the mishandled searches, a drug test should not have been conducted. This was a violation of Truant’s rights. There were no reliable sources corroborating Truant’s use of drugs, nor did any of the searches reveal a reasonable suspicion of his drug
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 case of Safford Unified School District v. Redding regards a 13 year old student, Savana Redding, who was accused by others of alleged drug dealing (prescription strength ibuprofen & over the counter naproxen) in school. After Redding was confronted by principal, Kerry Wilson, she denied any wrong doing and agreed to let Wilson and school administrator, Helen Romero, search her bag and outer clothing where nothing was found. Nevertheless, Redding was instructed by Wilson to the nurse’s office, and was striped searched by Romero and nurse, Peggy Schwallier. Wilson’s decision to strip search Redding was without reasonable cause (Scotusblog, 2017). The school officials clearly violated Redding’s fourth amendment right by conducting a strip
To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined.