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  • Essay / The right of search and seizure of public schools

    Right of public schools to search student lockers. The school locker is typically the only private space available to a student in the school environment. It therefore concentrates many of the main issues related to student privacy. The 4th Amendment to the U.S. Constitution states that "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 warrant shall be issued, except for probable reasons. supported by an oath or affirmation, and describing in particular the place to be searched and the person or things to be seized. »In the 1980 Supreme Court case New Jersey v. TLO A teacher at Piscataway High School in Middlesex County, New Jersey, found TLO and a companion smoking in the restroom. A place where smoking was prohibited. Both girls were taken to the principal's office where TLO denied smoking in the bathroom. The assistant principal asked to see TLO's purse. While searching the purse, school officials found a pack of cigarettes. He also found rolling papers, a pipe, marijuana and two letters with all the names of the people who owed him money from marijuana trafficking. TLO was taken to the police station where she confessed to selling drugs at school and was sentenced to one year of probation. The law differs from state to state because the 4th Amendment was amended to ensure the safety of public schools. Legislatures have decided that there needs to be some change in the level of suspicion of illegal activity needed to justify a search. They also decided that it was necessary to establish a balance between students and the school environment. The 4th Amendment was changed from where you need probable cause and a warrant to...... middle of paper ...... e they fear physical harm (uiuc.edu 2011) . Approximately 40 students are injured or killed by guns and 260 teachers are physically assaulted in your public schools. I don't think it's a step too far to stop this, by going through someone's locker. Retrieved February 5, 2011 from http://www.essortment.com/articles/schools-right-search-lockers_103540.htmDebate. School research. Retrieved February 5, 2011 from http://debatepedia.idebate.org/en/index.php/Debate:Student_Lockers,_school_right_to_searchinfoplease. Supreme Court cases. Retrieved February 7, 2011, from http://www.infoplease.com/us/supreme-court/cases/ar24.htmlstudents.edu Retrieved February 21, 2011, from http://students.ed.uiuc.edu/jkelsey/surveillance /locker.htmifpo. International Foundation of Protection Officers. Retrieved February 22,201. Retrieved from http://www.ifpo.org/articlebank/heighten_security.html