It is overwhelming how much controversy there can be over simple statements. It may have been written over two hundred years ago, but people are still confused over this matter. As attorneys, our first intent is to express the reasoning behind student searches.
It is obvious that there has been a major increase in the number of student property searches in schools from the time of the drafting of the Fourth Amendment (1791), until now. It is equally obvious that the amount of violence and drug use has also increased dramatically. When the Fourth Amendment was passed, there were few schools, resulting in few students. There were really no problems such as the serious ones we deal with in schools today. The people of that time had no idea of the problems we would face today, and had they known of the controversy that was to come into play,
they would have most likely clarified a difference in the application of the Fourth Amendment to adults, and to the youth (students).
1Reasonable cause is defined as a reasonable belief that some illegal substance or material is kept in the space, or something possibly harmful to the safety of the student or student body, or significantly disruptive/dangerous to the overall discipline of the school.
We cannot be absolutely positive whom the Fourth Amendment was solely written for; however, it is known that it protects student and adult citizens from searches without reasonable cause. Unless students have "something to hide," generally they do not have a problem locker and desk searches. Even though the majority is in agreement to the random searches, the few who disagree bring up difficulties in "the situation". It is for those indi
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