Should Fourth Amendment Be Allowed In Schools

There are lots of different situations where students of a public school are deprived of their right of free expression given in the fourth amendment. One example of this is the case of Engel vs Vitale. This court case took place in 1962 when a parent of a child sued because of a New York State law that required students to recite a nondenominational prayer every morning, "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country”. This law goes against the Establishment of Religion clause of the fourth amendment. Another violation of The Bill of Rights is the Tinker v. Des Moines case. This case took place in 1969 when two students, MaryBeth Tinker, and her brother wore black armbands to protest the Vietnam war. However, the result of this action, according to the article, Supreme Court Landmarks from the United States Courts, “ Fearing a disruption, the

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.

In conclusion, even though there are many different pros and cons about searching school lockers humans today need to search them if need when needed.Although school locker searches can be bad in some legal

Justice Souter delivered the opinion of the Court saying that the search did violate Savanna Fourth Amendment right because no drugs were suspected to be concealed in her bra and underwear so they had no reason . The judge felt the school officials were not liable and entitled to qualified immunity because school officials were just trying to prevent drugs distributed throughout the school.

First and foremost, there is a substantial amount of reasons to back this up. Students could be hiding not only dangerous, life threatening objects, but there could also be inappropriate items. With these locker searches being random, it could prevent students from taking any things they might have in there and doing something else with them. Therefore, it would make sure that everything that was in the locker to remain where it is, because the adolescent would not know about the searches taking place. Commonly, students would want to hide any objects they know that they would get in trouble for having at school.

Search and seizure in schools has always been a highly debated topic. Many questions arise when the need to search students is brought to the forefront. What can be searched? Who needs to be there when items are searched? Are the student’s rights going to be violated if a search is performed? Why does the search need to be performed in the first place? Can items that are found be used against the student in court? These are areas that need to be looked at closely when a search needs to be conducted. In this paper, I will look into what exactly search and seizure is when related to schools, the Constitutional Amendments and provisions included with search and seizure, and landmark cases that have paved the way for searches in schools across the nation. At the conclusion, one will understand the guidelines that need to be followed so that students’ rights are not violated, and the ultimate goal of the searches, the safety of students, can be maintained.

Although the officials were acting on reasonable suspicion, and there was no reason to suspect that the prescription drugs were hidden in her underwear or presented a danger, the school was not justified in searching the student since the search was a violation of the Constitution. Additionally, T.L.O. directs school officials to limit search inappropriateness concerning the student’s sex and age as well as the nature of the infraction. As such, the inappropriateness of the search conducted in this case is unjustifiable with relation to the circumstances.

Privacy is a very important right given through the 4th Amendment. Being free is what being a U.S. citizen is about. Privacy is the act of being free from disturbance and public sight. Private things that are promised in the Constitution are homes, cars, and papers. A student’s rights to privacy are different. They are the same from kindergarten until they graduate. “School officials need not obtain a warrant before searching a student who is under their authority; rather, a search of a student need only be reasonable under all the circumstances.” (“What Does the Fourth Amendment,”

I think that students’ expectations of privacy while in school are guaranteed by the Fourth Amendment of the U.S. Constitution which states that people have the right to be secure in their persons, property, and effects, against unreasonable searches and seizures (Siegel & Welsh, 2014). The schools must create and maintain a safe environment for students to learn. I feel that as long as the school provides safety and education then their policies should reflect. If searching the students’ property before they enter school grounds is necessary to ensure safety that is a reasonable search. Reasonable searches must be fair and impartial to all students no matter their race, ethnicity or gender. An example of an unreasonable search would be if

“About 17 percent of American high school students are drinking, smoking or using drugs during the school day” (Carl). That percent could grow if teacher can not check a student's locker at anytime. Those student can spread the drug or alcohol to other student’s. Student’s possessions may be searched at anytime for safety reasons and because of ownership and behavior of student’s. Teachers should be able to search a student's locker or possessions at anytime for the safety of other student’s.

belongings without any reason necessary? In schools all over the country, students get wrongly accused of breaking rules or committing crimes. They must have their belongings or lockers searched to make sure that they are innocent, whether anyone has evidence or not. A 14-year-old freshman at Piscataway high school was caught smoking in the bathroom. The principle searched her purse, which the student said violated her Fourth Amendment protection. The Fourth Amendment is against “unreasonable searches and seizures.” Student privacy rights at school are necessary because it keeps personal information private, prevents other violations, and gives students the privacy they need.

The topic of school officials is a very hot topic right now. Personally I feel like they should have the right to search a student’s bag but only if they have a liable reason. In some cases I feel like teachers or school officials take advantage of the fact the Supreme Court is allowing them to do so. Some kids could possibly have something personal in their bag that they don’t want anybody to see for whatever reason and they might get upset. Yet, I think if they have a good reason or they have been tipped of that student carrying a weapon or drugs I think they should be allowed to do so. By our schools being able to do this it is keeping our community and our schools a much safer place. As the prompt says I don’t think they should be able

New Jersey vs TLO is another landmark Supreme Court case that deals with certain rights students can have at the school building. Terry (TLO) was found smoking in the school bathroom. School officials then searched her clothes and belongings for marijuana and other tobacco products. When they found marijuana and other illegal drugs the school called the police and she was arrested. She then went to court and the courts found her guilty of possessing and selling marijuana. She then appealed her case saying the school violated her 4th amendment right. The 4th amendment guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Supreme Court ruled against TLO and in favor of the school. The court said students have the right to privacy but that must be balanced with the schools job to maintain a place where students can come to learn. The bottom line of this Supreme Court case is that your belongings can be searched in the school building but not arbitrarily or without good

Des Moines a students consitutional rights do not end at the schoolhouse gate which is exactly what is happening “Bowing to public fears and legislative pressures, trial and appellate courts have reduced the Fourth Amendment rights of students to an abstraction.” In the pursuit of securing schools courts have stripped away students fundemental rights. In order to keep students safe they are subjected to searches and seizures most commonly without probable cause and the reason for searching someones belongings isn’t relevant as long as they use students safety as a reason. These are not only students they are people who have the same rights as others do no matter where they are. It is ridiculous to see their rights diminished to nothing more of an after thought. Instead of being safer this makes students in more danger if their Fourth Amendemnt in null and void when they enter school. Without the protection of the amendment students are more likely going to be convicted on pointless charges that have come from unreasonable searches . What does that say to the rest of the world when they can see we value safety over someones

Searchs and seizures in school have been decided that they follow different rules then in the real world. Searches and seizures in the real world can only be performed if they fit theses for things: A warrant which states where they can search and what for, Probable cause, the need to act quickly to prevent evidence from being destroyed and if there is evidence in plain sight. While it 's been determined by the Supreme court that students still do have fourth amendment rights, they have much more limited rights. Warrants are not necessary in schools as well as teachers can search with reasonable suspicion. This does not seem fair, If school staff are trying to teach students how to be citizens, they