Search and Seizure

A detailed Summary of Search and Seizure

There are more problems in our schools today besides academics. Teachers do not fully understand their responsibilities to their students. One of the most controversial issues in our schools today is illegal search and seizure of the possessions of students. According to www.caselaw.com, legal search of the student consist, "reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school." It is a very skeptical subject involving the legal rights of the individuals. The problem is within the faculty's understanding of their legal right in control of the students.

Legal search and seizure consists of the student being notified that he or she is going to be searched, and that the search is to be conducted in a private office. Illegal search and seizure consists of a failure to follow this regulation. If no sufficient notification is given, or if the search is not conducted in a private office then the search is considered illegal.(www.caselaw.com)

Do the parents of students feel that it is all right for their children to be searched while in the education system? Is it fine that the student have virtu

Another important case took place in West Clayton Elementary, Alabama. (Search of Students, Lockers-36) A former police officer, now teaching, ordered a strip search of his 5th grade class over as alleged theft of three dollars. The students were ordered to remove everything including their underwear. Some did so only after they were threatened with suspension or jail, according to written statements the school collected the day after the search. While other students said the teacher personally pulled down the pants of the last four resisting ten-year olds. The American Civil Liberties Union (ACLU) teamed up with the student's parents to prosecute the two men. With the help of the ACLU those four families of the forced students, reached a settlement being paid 10,000 dollars each. (Searches of Students, Lockers-36)

ally no rights at the school that they attend? Only recently have parents taken a step towards securing their children's privacy. It is a problem caused by school faculty overstepping their authority from a legal standpoint.

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The United States Supreme Court has determined that the school officials have a right to search all possessions rented from the school or any personal belongings contained in that rented space. It also states that the search of a person will be limited to a time when there is a reasonable suspicion that the student is withholding evidence of a illegal act or a violation of a school rule. That the search of a student will take place in the privacy of a school office except in an emergency where delay might endanger the welfare of another person. (Search and Seizure in the Schools-48) Not by a guidance counselor, and

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Approximate Word count = 1180
Approximate Pages = 5 (250 words per page double spaced)

Category: Miscellaneous