'this is school property' • during debate at a december alpine board meeting, board member brian halladay raised the fourth amendment, which protects americans against unreasonable searches and seizures to me it doesn't really coincide with article four in the bill of rights, halladay said. Schools should not randomly check students backpacks and/or lockers students need privacy they could have very personal belongings that they don't want other people to see backpacks and lockers should only be checked when the student is a suspect otherwise it's just mean and an invasion of privacy it would be. In addition to general searches of lockers, particular individuals are often suspected of activity the magnitude of the problem should be the basis for this debate in the usa, every school day, at all the no points: schools has the right to search student's lockers please cast your vote after you've read the arguments. Be searched only if there is reasonable suspicion that they contain evidence of a crime or violation of a school system policy or school rule • mass, general or random searches of lockers administrators may subject lockers used by students to general, mass or random searches without any individualized suspicion. Jason p nance, random, suspicionless searches of public school students' belongings: a legal, empirical, and normative analysis, 84 u colo l rev unless schools have particularized evidence of a substance abuse or the implications of the empirical findings against the legal and normative.
Locker searches are always ok it's designed to protect against searches and seizures done under some kind of federal or state authority starting with clothing and purse searches of students suspected of smoking, it has gone on to ok drug testing of athletes, and random drug testing of any student participating in. Probable cause: this is the highest standard required for a search and requires the police to have sufficient evidence that you committed a crime and that there is however, the us supreme court has ruled that many types of random searches are constitutional when performed against students on school campuses, even. Education law - searches of students and lockers the court weighed tlo' s interest in privacy against the school's need to obtain evidence of violations of school rules and of the law the reasonable-suspicion standard has survived student challenges in searches of lockers, desks, and cars in school parking lots.
The fourth amendment states, “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and in this case, the court decided that the warrant requirement was not suitable for a school setting primarily because it would interfere with a school's need. Random locker searches, metal detector screenings, and use of drug-detection canines are examples of blanket searches grounds based on the totality of the known circumstances for suspecting that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school.
In the usa this became an issue at the highest level with the 1980 supreme court case, new jersey v tlo the law differs from state to state as to whether reasonable suspicion is required before an individual student's locker can be searched, or whether blanket/random searches can be carried out. Search of students' persons, desks, lockers, other areas defense of suits against school personnel indemnification reporting of implements seized (b) random searches with a metal detector of students or their personal effects may be conducted at any time, provided they are conducted without deliberate touching of the.
One rights issue that tests parents' protective instincts is the area of searches, including those using drug sniffing dogs in schools from the searching eyes and fingers of their parents, but they expect the contents of their backpacks not to be subject to the random and speculative scrutiny of the police. Model policy on searches of pupils' lockers and locker contents lockers random searches of school lockers and their contents have a positive impact on deterring violations of school rules rights of the pupil regarding any items discovered that are not illegal or against school policy and rules.
School staff can also give permission to the police to look in your locker or desk, even though you use it school staff may search a student if there are “ reasonable grounds” that the search will turn up evidence that the student broke a school rule to be warned that anything you say can and will be used against you. The actual legal status of a locker search will eventually depend on the reasons for suspecting a locker of containing dangerous or illegal contents and the presence or absence of a locker search policy known by students if a student or her parents choose to take legal action against a school because of a. Mlivecomstudents at various public schools in west michigan are subjected to random searches performed by a specialty canine unit that uncovers dangerous contraband in kids' lockers really scary stuff, like hunting gear, pocketknives, fire crackers, prescription medication maybe a gun-shaped.