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Fourth amendment violation examples
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Search and Seizure Schools have the right to search students, their lockers and bags. Is it violating the rights of students? Schools should have to get parental approval and approval from the police to search students, and or their belongings. “In 1990 a high school student in Omaha, Nebraska, sued her school when it refused to let her and many of her friends have a bible class on the schools property. the result of the Westside community schools v. Mergens, the U.s. Supreme Court ruled in favor of the student and allowed her to organize the bible study class”(Torres). The bill of rights was made to limit the powers of the government to take away students rights. Schools think they have the power of the government, which in some cases …show more content…
This quote means current trends in discipline in schools requires a critical evaluation of students. Most high school students do not know the bill of right, and if they do not like being searched they need to know them so they can defend themselves from unlawful search and seizures. Because then they would find out that they have the right have religious classes and receive notice of criminal charges against them . “ Lockers are often begrudging investments, scraped from the bottom of the budget barrel. Students like to appreciate their lockers, to make it their own. It is time to make student feel more prominence as they build spaces to make students feel more connected to each other to make better decisions”(Sneider) This means that student will make better decisions if they are given nicer things. the reason being they will be happier and make less poor decisions. Then that would make locker searches not …show more content…
The Fourth Amendment Reasonably states probable cause, which is a higher standard than the suspicion standard that applies to all non-intrusive searches. There are many cases involving people and students fighting the law and of the rights of the school on unreasonable and unlawful searches. Schools all around the globe are doing search and seizure of students and their property. This topic also brings up gun control because when teachers and the principals search lockers they also look for guns. “In the past 20 years gun violence has gone up tremendously”(Gettleman). As Internet communications and interactions and between students and the school staff members become more widespread, school rules for student behavior is important. Students carry PED’s or (personal electronic devices), sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such
The Fourth (IV) Amendment of the U.S. Constitution states "the right of the people to be secure in their persons, houses paper, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (U.S Constitution, Fourth Amendment, Legal Information Institute). The fourth amendment is a delicate subject and there is a fine line between the fourth amendment and 'unreasonable search and seizure. '
To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under
Redding became a starting case against unconstitutional searches of students where a girl had her backpack searched in the assistant principal 's office. After the official searched her bag, the school nurse’s office was her next destination, so the nurse and the administrative assistant could search her clothes and instructed her to shake out the elastic of her bra and underwear (Carpenter 86-87). The tragic part about this case is that it is not the first or final time a similar event has occurred. In the case of Jane Doe, “...or so she was called in this case…”, a student of a high school in Little Rock, Arkansas filed a case against her school (Dowling-Sendor 46). Dowling-Sendor tells of how the school regularly conducted searches of book bags and purses, and police officials would take any contraband found. Then any items found would become evidence for a prosecution (46). When school officials searched Jane’s bag, they recovered a container full of Marijuana, and its purpose was to convict Jane Doe on a drug misdemeanor charge. After being charged with this, Jane appealed to the 8th circuit because the District Court first dismissed her case. The court ruled in her favor in a two to one decision, claiming the search caused a violation of her rights. She had every reason to win because school officials search students at this school on a regular basis, and it is
The 4th amendment protects people from being searched or having their belongings taken away without any good reason. The 4th amendment was ratified on December 15, 1791. For many years prior to the ratifiation, people were smuggling goods because of the Stamp Act; in response Great Britain passed the writs of assistance so British guards could search someone’s house when they don’t have a good reason to. This amendment gave people the right to privacy. “Our answer to the question of what policy must do before searching a cellphone seized incident to an arrest is accordingly simple - get a warrant.” This was addressed to officers searching people’s houses and taking things without having a proper reason. I find
The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.
In the Earls vs. Board of education the violation of Fourth Amendment of the US Constitution was mentioned. The Fourth Amendment of the US Constitution states the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” .When Lindsay Earls was forced to perform a drug test at her school, the school violated her privacy rights. By law children and teens under the age of 18 are forced to attend school, therefore when Lindsay was a minor she didn’t have a choice. The school doesn’t represent a reasonable reason in order to have performed the drug test. Lindsay was an extraordinary student participating in many extracurricular activities such as Choir, National Honor Society, marching band and an academic team. Drug testing in schools is not required because it shows no improvement to the school, it takes away money from the school for each drug test performed, the drug test aren’t always correct, and drug testing can actually cause emotional trauma on students.
Censorship in schools can protect children and eliminate problems, but it can also cause many other problems. For one thing, it sometimes violates the First Amendment. The First Amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Taylor 15). These rights are guaranteed to all American citizens, and that includes schoolchildren as well. According to the Constitution, the government cannot take away these basic rights. Public schools are government funded, so they must be sure not to infringe on student’s rights or there could be a lawsuit on their hands. In addition to legal consequences, school is about learning and ...
The Fourth Amendment provides people with the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Courts have long recognized that the Forth Amendment protected individuals from unjustified police intrusions into one’s person, home, car, or other possessions, but few practical protection mechanisms existed. To preserve these constitutional guarantees, the Supreme Court established standards by which police officers must abide. One such protection has been the probable cause — a belief that the person committed, is committing, or is about to commit a crime. In order to uphold an arrest or seizure, courts have required a probable cause combined with either a warrant or circumstances
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...
As we learned in class, it’s our constitutional right not be searched without a court paper. The Fourth Amendment says “people have the right to be secure against unreasonable search and seizure, and that no warrant shall issue but on probable cause and specifying the place to be searched and the persons or things to be seized.” However, we are being searched by the government consiste...
A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.
Yes, I do know that even with school searches people bring all types of things on to school campus no matter if they get caught or not. I feel as if the students do have the right to refuse if they are searched or not because the fact of them being a minor and the fact that as a kid we get into places where we don't always know the right answer or way to go so we agree to things we might not understand. I also feel that if law enforcement has to have probable cause the school bored should have probable cause as well. " school officials.... are not required to advise students that they have a right to refuse consent to search .... or rise discipline." (Ellenberger 32) Some schools have all different policy's and rules to telling students their rights to refusing anything because they are dealing with more minors then with legal adults. Secondly, many parents get concerned about their children being in schools that don't have searches. " Parents and students fear that they will be in class with other students who are under the influence." (Robison) The parents and students feel that having school searches will help eliminate the drug and alcohol use in or during school hours. Lastly, most school bored are just looking for a safe environment for their students and staff to come to for eight
Which can be having armed officers walk though halls, making sure the school is safe from any harm that could potentially happen.
Student searches are a violation of the fourth amendment. The fourth amendment clearly states that, “The right of the people to secure...against unreasonable searches and seizures”(Hart 610). This matters because you cannot rightfully search a student without a warrant or that goes against your amendments. If nothing is found in the locker searched upon, a costly lawsuit could unfold on the school.
Dress codes and uniforms go against the Frist Amendment and take away students constitutional rights. During the Tinker v. Des Moines Independent School District case the U.S. Supreme Court ruled that “students do not shed their constitutional rights to freedom of speech and expression at the school house gates.” (Kelly). By the Court saying this means that students do have their constitutional rights at school; dress codes and uniforms take that away for them. The U.S Supreme Court also made it clear that schools cannot just ban a student’s expression because they do not like, or see it as a possible threat. The school must have evidence to support their theories of the students expression would harm others around them or cause conflict among the students (Kelly). Some schools do this all the time, because they do not like what a shirt says; they will say it is against the rules and ban it. This clearly says schools are not allowed to do this.