The questions then become: School officials and law enforcement officers are not required to advise students that they have a right to refuse to give consent to search.
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.
If your child is still searched and evidence of a crime is found, that evidence may be kept out of court. It will not be kept out of a school discipline hearing. A high schooler needs to type about 40 words per minute Why should students go to school?
Should a school be able to take away an nomination for an honor student for missing to many days although they are excused? Despite the lack of clarity about whether to apply reasonable suspicion or probable cause in different situations, courts are more willing now than ever to find student searches legal to preserve safety.
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.
Although the legal standard for reasonable suspicion is clear, the application of it in different contexts is not always as clear. The fourth amendment forbids illegal searches and seizures without a warrant or probable cause.
They can happen at the same time or one after the other.
Would you like to merge this question into it? To keep schools safe, most administrators err on the side of searching rather than not searching.
If the interrogation is custodial meaning the person does not feel free to leavethe police must give Miranda warnings to the person they are questioning BEFORE starting the questions. State of Florida, The best search policies are developed by school boards who work collaboratively with local law enforcement officials, local judges and attorneys, school staff, and community members.
In this case, all but one student consented to a search of their personal belongings. The school discipline action will happen much faster than a court case. School districts usually force you to waive certain rights in exchange for the privilege of a pubic education.
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.
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.
One crucial difference in their purposes is the ability to use the results of an illegal search in a disciplinary hearing but not in a criminal proceeding. Low Jeremy Home schooling curriculum for high school students can be checked out if parents want to send their children to the program.
Where was the student during the questioning? Schools argued that administrators acted in loco parentis—in the place of the parent—while students were at school.I think that schools should not search students lockers because they could have something in their locker that they don't want to have teachers see!
Certainly. Students sho uld not bring. School Lockers: What can a teacher search? by Niranjan Thiagarajah, January We've all seen enough crime shows to know what to do if the police knock on your door and demand to search your property: stand, look indignant and demand to.
Nov 27, · for my politics class, i need five reasons (arguements) why schools SHOULD be allowed to search their students, or their lockers. please do this ASAP! i am in class now, and i need it by the end of the period. Status: Resolved. Discuss the issue of students' rights.
State your opinion about whether or not schools should be able to search student lockers. Schools should be able to search students lockers, because it's the schools locker that they pay for to be put in. Students only use it for that year. Unless the student buys the locker the school has every right to search the locker especially if they have a.
Do schools have the right to search student cell phones?
With the growing concern about sexting and Cyberbullying, do you think schools should be able to search a students phone for improper texting or bullying?Download