Random Locker Searches essays

 

locker searches essay

Yes. Locker searches reduce drugs and weapons in schools, which is in the interests of all students. The best way to ensure that such contraband items are found and removed is for the school authorities periodically to search a random selection of student lockers. School Searches of Students' Lockers Essay; School Searches of Students' Lockers Essay. Words 3 Pages. That is what locker searches provide for schools. With the early case of New Jersey v. T.L.O, a teacher caught a 14 year old girl smoking a cigarette in the bathroom. This led the teacher to send the girl to the principal in which the. essay brainstorming essay writing. Locker searches essay - I was terrified, which was used as an academic whose feet are starting to write essay searches locker up of many poets and philosophers. Precise but costly processing, the same idea of heroism is very difficult for an analytical.


Locker Searches Free Essays - vcsonlinzes.cf


Student search can be a tool for maintaining safe schools, but school administrators must balance students' individual rights with the school community's need for a safe learning environment.

The school tragedies in these communities brought the threat to school safety into the public conscience and moved school safety onto the U. Safety threats, locker searches essay, once thought to be only an urban problem, are a concern for urban, rural, and suburban areas alike. Although schools are among the safest places for children to be, education policymakers and administrators continue to look for ways to protect students and staff.

One tool for keeping schools safe is the use of student searches. Students in U. This right is diminished in the school environment, however, because of the unique need to maintain a safe atmosphere where learning and teaching can occur.

Schools must strike a balance between the student's right to privacy and the need to maintain school safety. The courts have recently expanded the right of school officials to conduct student searches, resulting in part from recent acts of school violence and heightened public scrutiny. A search that was illegal 20 years ago now may be a legal search, locker searches essay.

Unfortunately, no definitive test exists for determining what constitutes a legal search. Moreover, what may be legal in one jurisdiction could be illegal in another locality because search law is so fact- and context-specific.

This vagueness leaves teachers, administrators, policymakers, and school security and law enforcement personnel wondering what constitutes a legal search of a student in a public school. The Fourth Amendment to the U. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, locker searches essay. Schools argued that administrators acted in loco parentis —in the place of the parent—while students were at school.

Inthe U. Supreme Court determined that the Fourth Amendment applies to students in the public schools New Jersey v. The Court concluded, however, that the school environment requires an easing of the restriction to which searches by public authorities are normally subject. School officials, therefore, do not need probable cause or a warrant to search students, locker searches essay. The Court articulated a standard for student searches: reasonable suspicion.

Reasonable suspicion is satisfied when locker searches essay conditions exist: 1 the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and 2 the search is reasonably related in scope to the circumstances that justified the search, meaning that the measures used to conduct the search are reasonably related to the objectives of the search and that the search is not excessively intrusive in light of the student's age and sex and the nature of the offense.

In New Jersey v. Since this landmark decision, locker searches essay, several cases have debated what constitutes reasonable suspicion: Four students huddled together, one with money in his hand and another with his hand in his pocket, does not provide reasonable suspicion A.

State of Florida An anonymous phone call advising an administrator that a student will be bringing drugs to school, coupled with the student's reputation as a drug dealer, locker searches essay reasonable suspicion to search the student's pockets and book bag State of New Hampshire v. Drake A report made by two students to a school official that another student possesses a gun at school constitutes reasonable suspicion to search the student and his locker In re Commonwealth v.

Carey, locker searches essay, An experienced drug counselor's observation of a student who appears distracted and has bloodshot eyes and dilated pupils justifies taking the student's blood pressure and pulse Bridgman v, locker searches essay.

The fact that the search of all but one student in a class fails to reveal allegedly stolen property gives school officials reasonable suspicion to search that student DesRoches v. Caprio, The odor of marijuana in the hall does not provide reasonable suspicion to search all students' book bags, purses, and pockets Burnham v. West Although the legal standard for reasonable suspicion is clear, the application of it in different contexts is not always as clear.

The Court has even noted that articulating precisely what reasonable suspicion means. Reasonable suspicion is a commonsense, nontechnical conception that deals with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Ornelas v. United States, at School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students.

Probable cause to search exists when "known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband.

But are law enforcement officials assigned to schools to maintain safety subject to the reasonable suspicion standard or the higher probable cause standard? The answer depends on whether the court views law enforcement personnel assigned to the school as school officials or locker searches essay enforcement officials. When the police or school administrators act at one another's request, they run the risk of becoming one another's agents, locker searches essay. Such a relationship could change the standard necessary to conduct a locker searches essay search.

Some courts treat police officers as school officials subject to the lower standard of reasonable suspicion when they search students at the request of school administrators In the Interest of Angelia D. Other courts hold that school officials conducting a search on the basis of information from the school resource officer are acting as agents of the police and are, therefore, subject to the higher standard of probable cause State of New Hampshire v.

Heirtzler The mere presence of a sworn law enforcement officer during a search by a school administrator does not trigger the need for probable cause Florida v.

School officials and sworn law enforcement officers may conduct a search without reasonable suspicion or probable cause if the student voluntarily consents to the search. Voluntariness is determined on the basis of the circumstances—including the student's age, education level, and mental capacity—and the context of the search. When consent is granted, locker searches essay, officials may conduct the search only within the boundaries of the consent.

If a student consents to the search of her purse, for example, an administrator may not search her locker unless the search of the purse provides locker searches essay cause or reasonable suspicion to search the locker.

School officials and locker searches essay enforcement officers are not required to advise students that they have a right to refuse to give consent to search. Some school policies or state regulations, however, may require that they advise students of their rights, locker searches essay. Some school policies require students to provide consent to a search or risk discipline, locker searches essay. In at least one federal circuit, the court has upheld this policy DesRoches v.

Caprio In this case, all but locker searches essay student consented to a search of their personal belongings. The search of the consenting students revealed nothing, locker searches essay. Pursuant to school board policy, DesRoches was suspended for 10 days for failure to consent to the search. The student claimed that his Fourth Amendment rights were violated because the administrator did not have reasonable suspicion to search him.

The court held that when the search of all other students in the class failed to reveal the stolen item, the administrator had reasonable, individualized suspicion to search DesRoches, locker searches essay. Therefore, his discipline for failing to consent to a legal search was upheld. School officials locker searches essay individual searches when they suspect that a student or a small group of students possesses evidence of a violation of the law or school rules.

Such searches are subject to the reasonable suspicion standard. Officials conduct random or blanket searches not because of individualized suspicion, but as a preventive measure. Examples of random searches include the use of metal detectors in school entrances and sweeps of parking lots and lockers. The legality of a random search depends on whether the school has a compelling interest or special need that warrants the use of a search without suspicion, locker searches essay.

The most common need articulated by schools is the prevention of drug abuse. Perhaps the most controversial random search is the use of drug-sniffing dogs in schools.

The right of school officials or police to use dogs to detect drugs in students' belongings is well established. In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy locker searches essay the air around their belongings. One federal court has recently held that the use of drug-sniffing dogs on a student's person requires individualized, reasonable suspicion.

Prevention of drug abuse, according to this court, does not justify the dog sniffing the person because it intrudes on the expectation of privacy and security B. Plumas Unified School District This case changed practices in many school districts—those schools no longer use the dogs to sniff around students. Drug-testing programs are another form of a random search, locker searches essay. Inthe Supreme Court upheld a drug-testing program for student athletes because the school had a documented drug epidemic; participation in athletics was optional; the athletes had a lessened expectation of privacy because they participated in communal showering; the athletes had a heightened risk of injury; the athletes were the leaders of the drug culture; the testing procedure was minimally intrusive; and the consequence of a positive test was not discipline but treatment Locker searches essay School District 47J v.

Actonlocker searches essay, As schools try to expand drug-testing locker searches essay beyond the facts in Vernoniacourts have struggled in a number of cases to determine what is constitutional: Todd v. Rush and Miller v. Wilkes upheld locker searches essay testing for students participating in any extracurricular activity. Willis v. Anderson struck down drug testing for students suspended for certain disciplinary infractions such as fighting.

Joy et al. Penn-Harris Madison School Corporation upheld a drug testing program for students who drive to school or engage in extracurricular activities. Earls v. Board of Education of Tecumseh Public School District struck down a drug-testing policy for students participating in extracurricular activities because no special need existed other than for athletes.

The opinion notes, however, that schools need not wait until drug use is epidemic before implementing a testing program. Locker searches essay v. Lockney Independent School District struck down a drug-testing policy for all middle and high school students for lack of a compelling state interest there was no documented drug abuse program for students in this locality.

Until the Court provides guidance on drug-testing programs beyond the facts of Vernoniaschools should consider the following questions before instituting a drug-testing program: How serious is the drug problem in the tested population? Have less intrusive means to combat the problem been exhausted? Did parents give consent to the search?

Is the testing procedure reliable and minimally intrusive? Are the consequences of a positive search result discipline, denial of privileges, or treatment? The primary purpose of student searches is to maintain a safe learning environment.

Discipline and conviction are two secondary purposes.

 

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locker searches essay

 

Yes. Locker searches reduce drugs and weapons in schools, which is in the interests of all students. The best way to ensure that such contraband items are found and removed is for the school authorities periodically to search a random selection of student lockers. School Searches of Students' Lockers Essay; School Searches of Students' Lockers Essay. Words 3 Pages. That is what locker searches provide for schools. With the early case of New Jersey v. T.L.O, a teacher caught a 14 year old girl smoking a cigarette in the bathroom. This led the teacher to send the girl to the principal in which the. Random Locker Searches essaysOpposing Side- Random Locker Searches The IV amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cau.