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Created with Fabric.js 1.4.5 How far is too far? ADDING EMPTY CONCEPT CREATE PLAIN CONTENT FILL MEIN WITH INTERESTINGCOPY FULL STARTHERE Student Searches and Seizures You have privacy at school...unless you pose a threat. In the In 1985 the landmark case of New Jersey v. TLO took place. A fourteen year old girl was suing her school because while searching through her purse for cigarettes, they found marijuana, rolling papers and large amounts of cash with a list headed with People who owe me. TLO claimed that the school had violated her Fourth Amendment by searching her purse after the cigarettes were discovered. The Supreme Court ruled that the school acting in loco parentis had the right to continue to search her purse not only because she posed a threat by selling drugs but also because it was reasonable to search her purse. Indeed students do have a right to privacy but it is limited once the student walks through the school doors. As long as the search is reasonable and the school deems it necessary to the safety of the students and faculty, the search is legal. In 1985 the landmark case of New Jersey v. TLO took place. A fourteen year old girl was suing her school because while searching through her purse for cigarettes, they found marijuana, rolling papers and large amounts of cash with a list headed with “People who owe me.” TLO claimed that the school had violated her Fourth Amendment by searching her purse after the cigarettes were discovered. The Supreme Court ruled that the school acting in “loco parentis” had the right to continue to search her purse not only because she posed a threat by selling drugs but also because it was reasonable to search her purse. Indeed students do have a right to privacy but it is limited once the student walks through the school doors. As long as the search is reasonable and the school deems it necessary to the safety of the students and faculty, the search is legal. Schools can test more than just your math skills... The Vernonia School District v. Acton case expanded what was reasonable for a school to search. A seventh grade boy refused to take a drug test that was required for all athletes to take. The parents argued that the student had no history of drug use and that there was no evidence to suggest otherwise. The school claimed that this new measure was put in place because the school as a whole had a drug problem and that some of the athletes were users and dealers. The court ruled in favor of the school, stating that is was the school’s responsibility to protect the students and that the drug tests did not offend the Fourth Amendment. double click to change this title text! Schools can cross a line It may seem as though schools have the power here, but what limits the power is whether the search and seizure justifiable and reasonable. In the Safford Unified School District v. Redding case, the Supreme Court deemed a school authorized search unreasonable. A thirteen year old girl was accused of having prescription pills and weapons in her possession. The school not only searched her bag and pockets but her undergarments as well. She sued the school and the court held for her, saying that the school did not have enough evidence to perform a strip search on her. In this case, the school’s search must fit with the evidence they have. The school has the duty to protect those inside but this right does not override the student’s limited amount of privacy.. So what does this mean for teachers? double click to changethis text! Drag a cornerto scale proportionally. There is no clear line that defines what is a reasonable search and what is not. This means that the teacher or administrator must use his or her best judgment to decide what kind, if any, search should be done. Most importantly, the person deciding on the search should have respect for the student as a person, regardless of what supposedly he or she has done. Sources http://www.shmoop.com/right-to-privacy/new-jersey-v-tlo.htmlhttp://judiciallearningcenter.org/your-4th-amendment-rights/
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