Searching a pupil 's locker without probable cause is a violation of trust and the Fourth Amendment. Probable cause is legally defined as “Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit or the search of the person or premises” by the free dictionary (Probable Cause). Locker searches have always been a risky and delicate precaution taken by schools that have occasionally lead to lawsuits, one instance of legal action being taken as a result of the search of a student is the notorious 1980’s New Jersey v. T.L.O …show more content…
Though a fair amount of time and money towards searches there is still an alarming amount of theft and assault on school property. As technology has advanced over the years schools have gotten electronic gadgets and techniques to keep students out of trouble. As the amount of technology and precautions taken to avoid students getting in trouble the amount of students breaking rule increases with it. Though schools take many steps to protect students, pupils still report that drugs are made accessible to them on school property, schools combine document that nearly 2 million crimes were reported to them, and many students still feel unsafe (violence in U.S. public schools). These reports show that millions of dollars provided by taxes go towards school security and it has done less than intended. When schools search lockers and students without probable cause they become vulnerable to many legal issues. In the last decade students have lost much of their fourth amendment rights, students are losing their rights because the U.S. supreme court continues to give schools more and more leeway to ensure a “safer and more disciplined” (Ascd. “School right to search students) school. The fourth amendment states that in order for someone to be searched and arrested he would need to get
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When kids have things in their locker, they do not want their principle to see what all is in their locker. They may can, when another child, thinks, that something is in another kids locker. But if they don’t have something suspicious, then their is no reason to. But then again, kids shouldn’t have anything bad in their locker.
Where as others may believe that this will make the school system more of a bureaucracy. Further more those would also argue that most of the time lockers are hardly involved in the keeping of contrabands. If students have contraband items they are more likely to keep it on them and therefore randomly searching lockers it not as important. The time and energy which would be spent searching lockers could be used in more efficient way.
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
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.
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
Ever since the first school shooting, a lot of people have changed their beliefs on this subject. I was in eighth grade when the shooting at Columbine High School took place. Before that shooting, I never would have considered something like that happening. Now, it is seventeen years later and school shootings almost seem like an everyday thing. That is sad, but it is true. This is why I believe a student should not have a high expectation of privacy while at school. The law used to be more lenient, but these circumstances have changed that. Right after Columbine, a lot of states had a zero tolerance law. According to the Center for Public Education site, this law said that if a student was caught with contraband they were given a strict punishment, no matter what the circumstance was. The laws have changed some over the last few years, and are not quite as strict as that. The schools still have to ensure that every student is safe, though. It is common for schools to have metal detectors or bring in dogs on a regular basis. Once they have a reason to suspect a student, they have the right to search their belongings. I believe this is well within their rights as administrators who are trying to protect the school as a whole. I realize that students may feel violated, I have been there. It was always an inconvenience to have to sit outside the hallways while the dogs searched each room. I never felt like it was wrong when they did find something though. So many students would bring large amounts of drugs, guns and knives to school. If it weren’t for the measures that the school took they would just be walking around with these items. I hope these laws never change, and my kids have the same protection that I did. I would hate to imagine my child going to school with guns and drugs within an arm’s reach. I believe the issue of student’s privacy is one that many people can agree with each other on.
67% of Blue Earth Area High Schools students believe locker searches keeps our school a safer place. School’s have been searching school lockers since the lockers have been put into the school. The lockers of high school should be searched because it will prevents kids from being in illegal substances or weapons, it gives people a peace of mind, and since the lockers do not belong to the school the lockers can be searched within probable cause.
Although people may think that random locker searches are not a violation to students yet a person's Civil Rights are in jeopardy. Students should be able to have privacy, the freedom to have a choice of their locker being searched, and the student should get a notice of when they are going to be searched.
Some people may say that locker searches are invasive of the students privacy and violate your rights. Also people may say it's the students private property and you need a warrant to search it. Another argument may be that Americans are protected
Searching lockers is a waste of money because there is a lot of students. which means a lot of lockers to pay to have searched. If a student’s locker is searched and nothing is found, there was no point in searching their locker. Schools would have to hire a policeman or security guard to search the student's locker and that would cost money that schools do not have. If students knew their lockers were going to be searched they may put personal locks on them and the school would have to cut all of the locks so it would cost money.
There have been many shooting in schools over the past few years and it’s mostly because adults at the school and teachers dont know whats in other kids lockers. Just because of many little dumb comments a child could do something that they would never actually never do if they were using their 5 senses because if the teachers knew about it during the locker searches they could’ve stopped it and talked to that person. Overall locker searches are good and are a healthy habit to ahve on the behalf of
Many schools across the nation now conduct targeted searches of student lockers and backpacks as part of the “War on Drugs.” The point of this is so that if the school suspects a person may be carrying weapons or drugs on them they may be able to look into it as safety measures. However sometimes this can be used in the wrong way to harass students who have done nothing wrong and ends up harming them when this is supposed to protect people.
First of all, those who disagree, you should know that checking lockers tells a lot about safety. What if there were children bringing chemical that kill and put them in the locker?. Will the school know?. Of course not, because they didn't search the lockers to know. The school should be able to search the lockers, because it belongs to the school not students. They give it to students to use them for good. For example, there was a