Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Fourth amendment right why is it important
Random school drug testing
Random school drug testing
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Fourth amendment right why is it important
In 1985 a case the Supreme Court heard a case involving searches and seizure of student’s lockers and effects but the school need to show that “reasonable ground existed to believe that the search will uncover evidence of a violation of criminal law or regulation,” rather than the probable cause standard that applies in criminal proceedings. (Shmoop Editorial Team, 2008) Drug testing of students has since been upheld since the Supreme Court heard New Jersey v. T.L.O. This case began when a school administrator discovered marijuana on a student’s personal belongings while searching for cigarettes that were banned for students to have on school property. The courts ruled that students do have Fourth Amendments rights to freedom from unreasonable …show more content…
The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances. In an 8 to 1 decision the Supreme Court ruled that the school had violated Redding’s Fourth Amendment rights because the “content of the suspicion failed to match the degree of the intrusion.” (Shmoop Editorial Team, 2008)The courts also said the school could not be sued because the laws on student searches were unclear in 2003, when the search took place. The Court clarified guidelines for intimate searchers: School officials must consider factors like the students age (Redding was 13 at the time of this incident) whether the drugs in question are dangerous enough to justify the search and if there was enough evidence to suspect that a student had hidden dangerous drugs in an intimate place on their body. The Redding case elaborates on the New Jersey v. T.L.O (1985) case were the courts said that schools have the right to search students’ possessions, including backpacks and lockers, if there is “reasonable suspicion” that a school rule/policy had been broken. However, the ruling didn’t mention anything about intimate body searches. (Shmoop Editorial Team,
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
Decision : Reasonable standard held to be proper standard for determining legality of searches conducted by public school officials.
In the Supreme Court Case New Jersey v. T.L.O, it was argued that an Assistant Vice Principal broke a student’s Fourth Amendment rights when searching through her belongings. In nineteen-eighty, two students were found smoking cigarettes in the restroom. This violated the New Jersey school’s policies, so the two teenage girls were taken to the Principal’s office. The one girl admitted to smoking the cigarettes, but the other denied participating. She was brought into the Assistant Vice Principal’s office where he searched her purse. He found a box of cigarettes and rolling papers. She was reported to the authorities for dealing marijuana based off of the rolling papers found inside her purse. After confessing to selling the illegal substance,
TLO argued that her Fourth Amendment right was violated, in light of the fact that schools officials searched her purse after she was caught smoking in a bathroom. Her rights were violated, and these rights should be upheld, whether for a minor or on government property. The Fourth Amendment protects citizens from unlawful searches, and in this case, the school, not having a search warrant, searched her purse and discovered more cigarettes and marijuana. Though the contents of her purse where in fact illegal it does not excuse the fact that
The principal of the school Deborah Morse told Frederick to put away the banner, she was concerned it would seem as if the school was promoting illegal drug use. After frederick refused to take it down, he took the banner from him.. He was suspended from school for ten days. Frederick sued, saying morse violated his first amendment rights.The Court holds otherwise only after laboring to establish two uncontroversial propositions: first, that the constitutional rights of students in school settings are not coextensive with the rights of adults, and second, that deterring drug use by schoolchildren is a valid and terribly important interest. The court ruled that Morse did not violate his rights, the court ruled this while checking the legislative and executive
The law differs from state to state as the 4th amendment has been modified to meet public school safety. Legislatures decided that there needs to be some modification of the level of suspicion of illegal activity needed to justify a search. They also decided that there's a need for a balanced between the students and the school setting. The 4th amendment has been modified from where you need probable cause and a warrant to...
In Vernonia v. Acton, the issue in question is the school’s ability to drug test student-athletes. In the mid 80’s, the Vernonia School District noticed an uptick in drug use, and more so from athletes. Furthermore, the football and wrestling coach cited several situations that he felt drug-use was causing the athletes to be unsafe. Thus, the school instituted a mandatory drug test for all student athletes prior to the season, and then weekly random drug testing. If a student-athlete failed a test, they would have the choice of joining a rehab program, or serving a suspension. Suspension of school was never an option, nor were the results reported to authorities. Results were reported to the superintendent, athletic director, and other personnel on a need to know basis.
Earls case is to be able to contemplate the arguments throughout the case. One of the most crucial arguments The Board of Education claimed “there are “special needs” in public school context, including maintaining discipline and order” (Kim 974). Tecumseh School’s main focus was to maintain a safe and healthy environment for their students. In order to do this, a student’s privacy is limited in a public school environment (Edmonson). The state is responsible for their students and recommends them to have limited expectation of privacy. Earls argued her drug test results were improperly handled by district employees and were easily visible to other students (“Board”). In addition to Earls’ arguments, she questioned why students not involved in an athletic activity had to participate in the drug testing. Since none of Earls’ extracurricular activities involved athletics, she complained, “this test is just an unnecessary invasion of privacy” (“Before” 186). After both sides polished and presented their arguments, the jury came to a conclusion. “In a split 5 to 4 win, because the policy reasonably serves the School District's important interest in detecting and preventing drug use among its students, it is constitutional”
Occasionally, certain instances have occurred in which school administrators or staff members have been allowed or instructed to search through the personal belongings of students, sometimes without the
Some may say that drug testing students is unconstitutional because it is an “invasion of privacy”. This, however, is not true. . . “In 1995, the United States Supreme Court ruled that drug testing for high school athletes was constitutional, and some districts expanded their policies to include middle schools.” I believe allowing schools to drug test athletes was a very positive thing. For many reason, but mainly because athletes who are on drugs have a higher risk of being injured. For example a kid who is on drugs and plays a sporting event has a greater risk of their heart stopping on the field or court. “Drug tests analyze bodily samples such as urine, blood, or hair to detect the presence of legal and illegal drugs.” The most common one is urine testing. I believe urine testing is the best way for high school students, because it does not take as long as some other tests and it is not as costly as other tests. This is especially important because obviously a school does not want to spend money on anything they do not have to. Our school does randomly drug test students every once in a while but only a few of the athletes are chosen to take the test so that really is not helping ...
In 2002, the Supreme Court ruled that schools are allowed to drug test students as long as it does not affect them academically. More than 1,000 middle and high schools have chosen to require students to have a drug test administered before they are able to participate in after school activities. If a student’s test results come back positive for the use of drugs, the student is usually banned from extracurricular activities until they participate in counseling and follow up tests (Ballaro and Finley 2). This may seem like an effective way to stop student...
“An aggressive drug-testing program would cut down on certain abuses, but it’s never going to catch everyone, or even close to everyone” Malcolm Gladwell. The above quote demonstrates the ongoing debate concerning mandatory drug testing in schools. Issitt and Ballaro, two of the many people engaged in this debate, provide articles on the different sides of the argument. On one hand, Issitt strongly believes that drug tests are effective and that schools should enforce drug testing on all students. On the other hand, Ballaro agrees with the above quote that drug testing “is never going to catch everyone”. She strongly disagrees with mandatory drug testing as a measure to reduce drug abuse. Both Issit and Ballaro provide an abundance of reasons
There has been a lot of controversy about whether students rights are being violated during drug searches. As more drug searches occur at school, more students are asking the question if this is violating there rights. Unannounced Drug searches can keep schools safer but in addition could possibly violate peoples rights. Unannounced drug visits should stay as it keeps schools safer, and it is a deterrent for students to bring illegal substances to school.
School Arguments: 10th Amendment-allowed the school to suspend the kids in fear of endangering other student's health and academic well being
Since the June 1995 U.S. Supreme Court ruling in support of random school student athlete drug testing, more schools than ever before have begun either mandatory, reasonable suspicion or voluntary types of drug testing as they battle drug abuse by their students. These drug-testing programs can be mandatory, as with scholastic students’ athletes, voluntary as part of a student assistance program, or based on reasonable suspicion. A student drug-testing program must look for the right illegal drugs and banned substances. Most schools have student codes of conduct or athletic codes of conduct that state drugs are not to be used and most include tobacco as a banned substance. I believe that these types of regulations should be enforced and looked