Student Search Case

Improved Essays
Part 1
As the principal of a public high school, are there reasonable grounds to conduct a search in the following circumstances?
You question a student on why she is hanging around a section of the locker room, and the student gives evasive answers. According to the Jayhawkville Board Policies, the principal has the right to search the lockers, while witnessed by a another adult, upon reasonable suspicion. Lockers are considered school property and student there is no expectation of privacy. A student answering evasively is not grounds for a search. As per the Jayhawkville Board Policy, a student must be believed to be “in possession of an object which can jeopardize the health, welfare or safety of the student or others.”
New Jersey v. T.L.O. provides guidelines pertaining to student searches at school, and states there must be reasonable grounds to carry out a search on a specific individual that will yield admissible evidence that is in violation of school rules. However, under the Fourth Amendment, the Supreme Court maintains its verbiage declaring school administrators must have reasonable cause in order to perform a search on a student.
A student tells you that he thinks another student brought a gun to school. Based on reasonable suspicion, a school administrator has the right to search the suspected
…show more content…
She reveals that one of her ninth-grade students confided that her period is two weeks late and she has been feeling nauseous every morning. The student thinks she might be pregnant, but she is afraid to tell her parents. You know that her parents are extremely conservative. Her father plays golf with the district superintendent. The student’s mother is an outspoken opponent of sex education in schools and serves as president of Virgins for Life—a pro-life organization that also promotes sexual abstinence before marriage. The student made her teacher promise “not to tell

Related Documents

  • Improved Essays

    Because the student was allowed to be searched by school officials, the reasonableness in this situation did not merit the further search . The reasonableness is that Savana was a good student, never been in trouble, and was blamed by a questionable student. This was enough reason to not investigate further than the initial search.…

    • 1725 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    In the 1984 case of New Jersey v T.L.O., a fourteen year old freshman student’s attorney argues that evidence collected by school officials should be excluded due to a violation of the student’s Fourth Amendment rights to unreasonable search and seizure. The student and her friend were caught smoking cigarettes in the restroom of the high school by a teacher, and escorted to the principal’s office. After claiming that she was not a smoker, the principal demanded that she reveal the contents of her purse. Upon opening the purse, the principal found not only cigarettes; but, marijuana, drug paraphernalia, a substantial amount of money, and a list of other students that owed her money.…

    • 363 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    This case immediate impact as well as long term impact will affect society Vernonia School District v. Acton at first glance seems to represent another instance of the Court's willingness to deny Fourth Amendment protection to criminals engaged in the illegal uses. This appearance is misleading. The ruling represented the Court interpreting the Fourth Amendment as to enable authorities to act against the use of and trafficking illegal drugs. Because of the compelling state interest in curbing illegal drug use among youth, and given the special status of both school authorities and student athletes, the Court ruled that random drug testing did not violate the constitutionally guaranteed privacy of participants in interscholastic sports programs.…

    • 114 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Then you see school districts that use probable cause from a “tip” to conduct a search on a student and escalate the issue as it needs to be. Privacy in school will always be debated until action is taken to secure the rights of students…

    • 1193 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Kevin Stursberg Rough Draft New Jersey v T.L.O. In 1980, in New Jersey, two young girls were found smoking in the girl’s bathroom which was a violation of school rules. Following this, the assistant principal searched one of the girl’s ( T.L.O.’s) bag to find other evidence suggesting her involvement with illegal drugs. This later went to Juvenile Court where T.L.O. believed that the search had violated her rights; on appeal the case went to the Supreme Court.(New Jersey v TLO Legal Information Institute) On January 15, 1985, The Supreme Court of New Jersey ruled that school officials have the right to perform unwarranted searches in schools if the student is reasonably suspected of being involved in criminal activity or if the student…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    T. L. O. Case Essay

    • 750 Words
    • 3 Pages

    T.L.O. may have had illegal items in her possession, but the search conducted by the school was unlawful, unreasonable, and violated two Amendments in the Constitution of the United States of America. T.L.O. suffered many charges pressed against her in the lower level courts, so she has now been brought to The Supreme Court’s attention. T.L.O. was first discovered smoking in a school lavatory along with an acquaintance by a teacher. Her accomplice admitted to smoking but T.L.O. denied it. She was brought…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    At most Louisiana schools and colleges bringing firearms on campus grounds is unlawful. The council is attempting to make weapons on campus grounds lawful. The chance that this law is passed then students and the workforce would have the capacity to convey covered firearms on school grounds all through Louisiana. The debate about having weapons on grounds is, would it be a good idea for it to be legitimate or unlawful? All students and staff have a privilege to be protected on campus grounds.…

    • 486 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    The Fourth Amendment does protect individual from being unreasonable search. However, in this case that doesn’t make a difference since this is school grounds. In school there are rule and policy everyone must follow as well. In addition if the school feels that they have reasonable suspicion they have every right to search Jacob locker and book bag if it’s on school property. The main issue here is the school had a privilege to act and they did.…

    • 99 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Police Officer Simulations

    • 1435 Words
    • 6 Pages

    Title You Are a Police Officer Results This simulation required that, as a police officer, I obtain a criminal conviction in six or more cases and have three or fewer law suits against the police department as a result of my violating someone's civil rights and liberties. I only had one strike in this process. The first event centered on a local Irish-American Association's St. Patrick's Day parade.…

    • 1435 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Elizabeth’s shirt is school-sponsored speech under the Hazelwood standard. To determine whether an activity is school-sponsored the following factors are assessed: whether or not the class was part of the school’s curriculum, whether or not the student receives a grade on the assignment, and who has the final say over the classroom material. Hazelwood Sch. Dist., 484 U.S. at 268.…

    • 1207 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    My answer to that question is yes, the search falls under public safety. Seeing as drug use is against all school rules and is a matter of public safety, drug testing is permitted under the fourth amendment. Participation in extracurricular activities is a privilege by meeting and maintain a minimum grade point average to play sports, as well as following the rules set by the school one being no drug usage. When taken to court The Supreme Court claimed that as long as there is reasonable grounds for suspecting that evidence will turn up during a search proving that the student has violated or is violating either the law or the rules of the school. Allowing for School officials searching a student who is under their authority without obtaining a warrant.…

    • 523 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court favor the school and said that is legal to do unreasonable searches and seizures, if it is disrupting the learning environment or is found smoking in school environment and the discovery of rolling papers near cigarette in her purse created suspicion that she might have marijuana or if the school has a suspicion, broke a rule, student committed or is committing a…

    • 1016 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively 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 cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Guns on Campus The issue being debated claims that gun possession with students and staff on a school campus could either harm or protect innocent people. The debate suggests that either guns should not be allowed on campus at all or there should be limitations on where they would be allowed. There have been some who believe there are instances in different colleges that have had situations that it would have been critical for them to have had a hand gun on them at the time. Amanda Collins argues that because of a state ban on concealed handguns on public college campuses had left her vulnerable to a man who raped her at the University of Nevada at Reno.…

    • 1001 Words
    • 5 Pages
    Improved Essays