Student Suspicion In Search Of Students

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The first question at hand is: Do Students have the same rights as adults under the Fourth Amendment? The Supreme Court, over fifty year ago, ruled that students do not abandon their constitutional rights when they enter a school building (“The Fourth Amendment & Students,” 2008). However, students’ rights to privacy are more limited than those of adults. For adults, a search requires a warrant, probable cause, or reasonable suspicion and any that illegal evidence obtained during a search can be used in court (“The Fourth Amendment & Students,” 2008). One job school districts have is to maintain safety. Therefore, students’ rights are limited. A warrant is not required for a search of a student, and the school officials only need reasonable suspicion to search a student (“The …show more content…

How are they applied in school settings? Probable cause to search and seize evidence requires a state official to possess sufficient facts that would lead to person to believe that evidence will be found during the search (Ehlenberger, 2002). For example, if an officer sees, smells, or hears anything that causes suspicion, it is consider probable cause since they are facts. Reasonable suspicion refers to a search that is conducted based on the state official’s training, experience, and intelligent belief that an individual is engaging in criminal activity (Ehlenberger, 2002). An example of a search justified by reasonable suspicion would be if two students inform a teacher that another student has a gun in his or her locker (Ehlenberger, 2002). School officials only need reasonable suspicion to search student, while law enforcement normally must have probable cause to search students (Ehlenberger, 2002). However, school official do not need reasonable suspicion or probable cause if the student voluntarily consent to the search (Ehlenberger,

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