At our school every know and then we have a cell phone check cause cell phones arnt allowed at all (which is retarded) but any way is it legall for the staff to look through your stuff with out a search warrent????
2007-02-01 12:31:17 · 14 answers · asked by Anonymous in Education & Reference ➔ Primary & Secondary Education
great question. it is not illegal for teachers/the principal to go through your backpack or pockets. have you heard of the first ten laws in the constitution; they are call the bill of rights. the bill of rights explains to the people what they are free to do. could you exercise these rights during, what you think an illegal search? Maybe. But would it work, no. Just because we have them doesn't mean they work everywhere we go. when we come to school, those privileges are taken away, for a little bit though. the main concern for the principal and teachers is to keep the school safe. so to make my point, it isn't illegal to have a search on your personal belongings if it is for the better of the people around you.
2007-02-01 12:42:26 · answer #1 · answered by japanese_girl18 1 · 1⤊ 2⤋
In New Jesey vs. T.L.O the supreme court ruled, "the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a twofold inquiry: first, one must consider 'whether the . . . action was justified at its inception;" second, one must determine whether the search as actually conducted' was reasonably related in scope to the circumstances which justified the interference in the first place." Under ordinary circumstances, a search of a student by a teacher or other school official will be "justified at its inception" when there are 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." Essentially the school has the right to search your property on school property, and recently this has been extended to drug searches in your body if you play sports.
2007-02-01 12:56:18 · answer #2 · answered by fl_lopez 3 · 1⤊ 0⤋
Being a minor has nothing to do with your rights in NYC high schools, not in relation to this question, at least. My students are frequently frisked for cell phones, etc, in the building and they are all over 18. I realize this does not really address your question, but I wanted to respond to some of the the answers you were getting.
Do I agree with this policy? NO My school used to be in a better building, where there was no metal detector or regular frisking. Students were treated with more respect, and I think they came into class with better attitudes, too. Wouldn't you?
If students are going to be treated as if they are criminals just for going to school, then the teachers, staff, and principal should have to go through the same procedure in the same line every day.
2007-02-01 14:00:26 · answer #3 · answered by outofthebullpen 1 · 1⤊ 0⤋
Unfortunately yes, it is legal. The school is looking out for the safety of all the students. Yes, it may seem that cell phones are harmless but what if someone was taking indecent pictures? Also, they are looking for drugs, guns, and knives.
If the school was wanting to a drug test, make you take a lie detector, or doing a strip search - that is illegal. Leave the cell in the car or at home.
2007-02-01 12:41:24 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Generally speaking schools can do checks because you are minors and your parents have probably signed consents. I do agree with no cell phones in school. (you can't use them on most jobs either,) but for security reasons, I feel like cell phones turned off and kept in backpack are ok. The reason I say this is look at past school shootings. cell phones were invalabule in letting police know what was going on inside and reassuring parents on the outside that you were ok. Note, I did say kept in back packs and turned OFF.
2007-02-01 12:39:04 · answer #5 · answered by sweet sue 6 · 1⤊ 0⤋
I believe that if the school suspects that you have something illegal they can. Possibly someone is tipping off that you either have something illegal. We that way the world is today and schools, schools have a right to search your locker on phone call, prank if they think that it might endanger the student body. It is all about safety of the whole school.
2007-02-01 12:39:54 · answer #6 · answered by gamerchix 2 · 0⤊ 0⤋
From what I've heard, its different for every state. In my school, in Virginia, they HAVE to have probable cause. This means, that if they were to search you, and you wanted to fight it, by all means you could take them to court and they would have to prove probable cause. But, with that, not many people fight it, because probable cause is fairly easy to prove, and also, the people getting caught, are for the most part, the lesser intelligent ones.
2007-02-01 13:06:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It is absolutely legal, you are not 18, you have no rights. It is the school's reponsibility to ensure the safety of all students, and they can go through any locker, bag, car, etc. that is on school property. We do it all the time.
2007-02-01 12:38:47 · answer #8 · answered by sassy_91 4 · 0⤊ 1⤋
If they have a reason to search through ur backpack, then yes.
2007-02-01 13:33:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Nope....they can go through anything. If it or you are on the property, then it is legal. I don't think it is totally right, but it is legal.
2007-02-01 12:39:17 · answer #10 · answered by Shari 5 · 1⤊ 0⤋