If the principal searches you and finds drugs, is he violating your rights since he dosent have a warrant?

Question

to conduct the search and did not call the police to conduct the search.

One could argue that it is the responsibilty of the principal to provide and orderly and safe envoirnment. Although students have a right to privacy this expectation can be diminished in certain cirumstances. If the teacher has reasonable beliefs that drugs may be found on a student it is not in the schools best interest to request a warrant beforehand.

On the other hand, it is argued that if the search was conducted by police it would of been unreasonable because they did not have a warrant, therefore the evidence should be excluded. The court should decided whether they search should be conducted not a teacher since they are not fully versed with the practices of law and cannot insure and objective search. Schools have a duty to foster consititutional rights, and there is no compelling evidence that schools require a lower standard.

If a person was convicted because of this should an appeal be allowed?

Answer 1

schools do not need a warrant to search..
they dont even need probable cause

Answer 2

There is a principle called In Loco Parentis, or in the absence of the parent, which allows school officials to search a student.

By the creation of a system in which parents are legally mandated to surrender custody of their children, the system must replace their supervisory authority.

The problem I have with it is that the system must also act in the best interest of ALL the students, as a legal community, using the same officials who are the supervising 'parents'. To me, this creates a legal conflict of interest.

But then, any parent CAN search their own children without reprisal concerning 4th Amendment protections AND then testify against their own children using the evidence uncovered by that search.

So, after all that, it seems that a student really has NO right to be safe from search and seizure while in school.

Answer 3

Under current constitutional interpretations, students in a school have no reasonable expectation of privacy from searches by school officials -- as long as such searches are not arbitary or whimsical.

Since there is no expectation of privacy, no warrant is required for school officials. However, the police are held to a different standard -- and the police would be required to get a warrant before they search, or before the police ask the school to search.

That's the current law -- personally, I don't think the lesser constitutional standard should apply in schools. But current law says it does.

Answer 4

A seek of a individual (wallet/pat down/and so on) does not require a warrant and as such the data does not be excluded. diverse situations previously the final court have everyday this. additionally, college sources isn't open to the everyday public. The regulation does grant regulations for stepping into colleges and the implied consent to seek is greater often than not area of those situations. In maximum states the faculty could additionally seek lockers without warrants through fact the consent to seek is a factor of the deal for identifying to purchase a locker.

Answer 5

You can't be searched by any one other than a police officer, especially if you are under 18, they have to have permission from your parents, yes even the police, was there any witnesses? If not you could sue them for touching your private!!

Answer 6

No. They are responsible for the safety of the other students. If he made you strip that is something else entirely. I think no appeal should be allowed. What if it was a firearm? hmm makes you think

Answer 7

SChools actually have Legal rights to go through your things in the school building. If this was outside the school lines then no he can't do that, but in the actual school building you would have no rights.