An analysis of the legality of searches in public schools and its violation of the fourth amendment

The Meaning of the Fourth Amendment Today 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.

An analysis of the legality of searches in public schools and its violation of the fourth amendment

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

On the other side of the scale are legitimate government interests, such as public safety. The extent to which an individual is protected by the Fourth Amendment depends, in part, on the location of the search or seizure.

Reasonable Suspicion

Home Searches and seizures inside a home without a warrant are presumptively unreasonable. New York, U. However, there are some exceptions. A warrantless search may be lawful: United States, U. An officer may conduct a pat-down of the driver and passengers during a lawful traffic stop; the police need not believe that any occupant of the vehicle is involved in a criminal activity.

The use of a narcotics detection dog to walk around the exterior of a car subject to a valid traffic stop does not require reasonable, explainable suspicion. Special law enforcement concerns will sometimes justify highway stops without any individualized suspicion.

An officer at an international border may conduct routine stops and searches. Montoya de Hernandez, U.

Probable Cause and Student Consent

A state may use highway sobriety checkpoints for the purpose of combating drunk driving. A state may set up highway checkpoints where the stops are brief and seek voluntary cooperation in the investigation of a recent crime that has occurred on that highway.

However, a state may not use a highway checkpoint program whose primary purpose is the discovery and interdiction of illegal narcotics. City of Indianapolis v.The Fourth Amendment is concerned with privacy and making sure that government entities, such as public schools, do not get overzealous in investigating violations.

Investigatory techniques in a school setting often mirror activities used by police officers, but . The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.

The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

An analysis of the legality of searches in public schools and its violation of the fourth amendment

The Fourth Amendment is concerned with privacy and making sure that government entities, such as public schools, do not get overzealous in investigating violations.

Investigatory techniques in a school setting often mirror activities used by police officers, but school . The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures.

The Fourth Amendment 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. The Fourth Amendment 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.

the fourth amendment in the public school context). In this Article, the term "public schools" includes only publicly-supported elementary and secondary schools (grades one through twelve, generally).

The Right to Search Students - Educational Leadership