searching for the truth
The U.S. Supreme Court and state courts have very gently both bestowed and limited Fourth Amendment rights upon public school students in a series of cases over several decades. Recent cases may indicate that the delicate balance between student rights and school safety procedures is strongly leaning towards the rights of school authorities to actively isolate and reduce perceived causes of school violence. Starting in 1968 and culminating in 1984, the law of the land concerning the status of students compared to school authorities shifted to a more constitutional basis. Prior to that time, student rights in school were defined by the common law doctrine of in loco parentis, which for centuries posited that school officials were given the right, duty, and responsibility to act in the place of a parent. Their right to act included the power to search students for illegal items, or for items merely considered to be prohibited under state or local law or school district policies,! without the warrant or probable cause conditions mandated for all other citizens under the Fourth Amendment. State laws, as upheld by their state courts, permitted such school action when, for example, student se
Its method is to integrate into all curricula illustrations of common, student-relevant issues in the context of legal rights and responsibilities. arches were deemed to be in the best educational interests of all the students. It is a generic, interdisciplinary direction to education combining particular kinds of content related to rules, laws, and legal systems with active instruction, flexible to any grade level and intended to continue through all grade level. Next, the security officer searched the student's car, and found a pager and a notebook containing notations of names and dollar amounts. There have been only a handful of cases on this issue and none have been on the Federal level. With respect to students' rights in school, the current juridical direction of Fourth Amendment law is of the most dubious legal, historical, and societal merit. The first line of defense of school administrators is to bring in more military measures, with car searches, metal detectors, urine analyses, and drug-sniffing dogs. It is exactly the non-differentiation of an entry door or similarly placed metal detector search, as opposed to an individualized search, that raises constitutional issues about compliance with the common sense definition of the required reasonable suspicion. Although the student objected to the search of his car and locked briefcase, the court found that the need to make the search without delay, in addition to other factors, made it logical and constitutional for the school to immediately search the car and briefcase. Supreme Court has not ruled on the constitutional limits on drug sniffing by dogs as a student search issue, lower Federal courts have been divided on the threshold question of whether sniffing constitutes any "search" at all. Security guards should search the lockers once a week to keep the lockers free of concealed substances and weapons. Metal detectors should be at every private or public school because it prevents weapons from being carried on school grounds. Students do have reasonable expectations of privacy and, as they must bring many personal belongings to school every day-keys, money, and grooming aids, for example-it would be unreasonable for courts or legislatures to hold that students lose all expectations of privacy as to their property merely because they bring it into school. Similar to distributing a policy regarding school lockers, it is helpful for school districts to establish student parking as a privilege, not a right, and to require a pass or permit, which clearly states the vehicle search policy or indicates student consent to a vehicle search (Brownfield 45-55).
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Acceptance Essays
