Is the testing procedure reliable and minimally intrusive? Legal Precedent Despite the legal issues surrounding locker searches, courts tend to favor schools in such cases, according to World Law Direct.
This exercise may be invaluable if the search is subsequently challenged. Therefore, we should do what Terry V Ohio says—we are allowed to search belongings without probable cause in order to safeguard our children.
Conclusion Depending on what your child is accused of, he or she may face school disciplinary action, or juvenile charges in court or both. In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy in the air around their belongings.
This is especially true in cases where students were warned of the potential for locker searches at an earlier time, such as in Backpack and locker searches student handbook or announced at the beginning of the school year. The student claimed that his Fourth Amendment rights were violated because the administrator did not have reasonable suspicion to search him.
If students know their lockers are subject to search, they may be less likely to bring banned Backpack and locker searches to school in the first place, making the school environment safer. The Court articulated a standard for student searches: Administrators' judgments are protected by governmental immunity as long as the search is not knowingly or willfully illegal.
Document the names of the people who conducted the search; the background of the student who was searched; the alleged infraction; the way the school learned of the infraction; the basis for the search for example, how reasonable suspicion, probable cause, or consent was obtained ; the time and location of the search; the names of the people who were present at the search; and the school policies that were implicated and followed.
Breaking Trust The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of privacy.
School staff must have more than a hunch your child did something wrong to search him or her. A report made by two students to a school official that another student possesses a gun at school constitutes reasonable suspicion to search the student and his locker In re Commonwealth v.
I hope one day that all schools will begin having locker checks and backpack checks for the well-being of students in school. Can a student be questioned by school staff? Supreme Court determined that the Fourth Amendment applies to students in the public schools New Jersey v.
In fact, an administrator will not incur civil liability unless his or her conduct violates clearly established statutory or constitutional rights Harlow v. 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.
Evidence that a locker search was conducted based on real evidence of a potential threat can strengthen a school's case even more. The school district may have a policy that talks about this. At times law enforcement and school administrators may, therefore, have different purposes for a potential search.
Follow Robby Soave on Twitter. In re Commonwealth v. Not only are weapons brought to school, but they are also used there. Alcohol, tobacco and marijuana or drug paraphernalia were the most common finds, but dogs also alerted to fireworks and a toy cap gun among other items banned from school property.
Did parents give consent to the search? Safety threats, once thought to be only an urban problem, are a concern for urban, rural, and suburban areas alike. Until the Court provides guidance on drug-testing programs beyond the facts of Vernonia, schools should consider the following questions before instituting a drug-testing program: 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.
The dogs, which are trained to find drugs, alcohol, gun powder-based products, tobacco and medications, also are used locally in Grandville, Forest Hills, East Kentwood and Byron Center schools among 46 districts across the state.
Talbot Lockers and backpacks are the two places students store things while they are in public high schools. Schools should be able to search backpacks and lockers because are responsible for the safety of students in school, so they should be able to search backpacks to protect all students.
Was the student told he was going to juvenile detention or jail? The Court concluded, however, that the school environment requires an easing of the restriction to which searches by public authorities are normally subject.
School officials should also note whether the police were involved or present during the search. Did parents give consent to the search? Sinceother major incidents have happened resulting in a growing number of deaths in school.
They should outline techniques for searching students, from the least intrusive to the most intrusive means metal detectors, canines, breath tests, urine tests, pat downs, strip searchesand they should describe the types of searches students may be subjected to while on school property or at a school function locker searches, automobile searches, personal belongings, and personal searches.
In the final analysis, school personnel should balance the student's expectation of privacy with the school's unique need to create and preserve a safe learning and working environment.
However, there is some disagreement as to the best policies for making a school safe.School Searches and Seizure. Can a student’s school locker or desk be searched? Can the school search my pockets, backpack, or other personal items? When it comes to your body and property, there are rules that must be followed.
Which rules apply depends on who is doing the search. Effectiveness. The primary advantage of locker searches is their effectiveness.
Finding contraband material such as stolen property, drugs or weapons in a student's locker is an easy way to establish guilt and know which students to punish for theft or other violations of school policy. I have a problem with the locker searches alone, just because the kids are FORCED to go to school, but the fact that they need to keep their backpacks in the lockers really ticks me off.
The debate behind locker and backpack searches in many schools revolves around the rights of the students versus the rights of the school. Some students have fought against these types of searches, maintaining that they have the right to privacy.
Schools have fought back, maintaining that they have a right to provide safe environments to all. property (backpack, purse, car, etc.) or school property your child uses (desk, locker, etc.).
There is usually no “expectation of privacy” when it comes to school property your child uses, like a locker or desk. [Locker Searches/Personal Searches] The principal at your school has instituted random locker and backpack/bookbag searches to check for guns, knives, and other weapons.
Anyone caught with these weapons will be immediately suspended.Download