Free Searches and Seizures in School Essay Sample

Generally every citizen is protected by the fourth amendment against unreasonable search and seizure. The term "reasonable" is however not clearly defined and depends on the context. Schools are expected to adhere to the restrictions that have been outlined in the fourth amendment. In schools the administration and educators are allowed to search student's property such as lockers, external clothing and back packs without necessarily obtaining a warrant. These items are searched when there is good reason to believe that there is sufficient evidence regarding a violation of the schools rules and regulations.

Currently students have reasonable expectation of privacy in a purse and phone. Most schools have banned the use of cell phones in class and students found using them may be punished. However, educators will not peruse through the phone because the student has a right to privacy. Educators may search a purse if there is strong believe that sufficient evidence is concealed in the purse. Strip searching is also considered to be unreasonable. Educators are not expected to conduct any search which involves the removal of the student's inner wear. Students have filed many lawsuits against their schools and educators with regard to violations on the fourth amendment. This shows that there is difficulty in establishing whether searches and seizures in schools amount to a violation of the fourth amendment.

 

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