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?
2007-10-15 05:30:52 · 14 answers · asked by Coper 1 in Politics & Government ➔ Law Enforcement & Police
Look, Im doing Law homework, THIS DID NOT HAPPEN TO ME.
2007-10-15 06:16:11 · update #1
First of all...you have NO right to privacy to conceal illegal drugs on a school campus.
Likewise, the school is NOT held to the same legal standard as that of law enforcement.
Where law enforcement MAY require a search warrant...schools do not!
Law enforcement does not always require a search warrant under what is termed "exigent circumstances." An example of exigent circumstances is the search of a motor vehicle after probable cause has been determined through use of a K-9.
The police nor do school officials require a search warrant to conduct a "pat down" or what is called a "Terry Frisk." This frisk is conducted by law enforcement for the protection of the officers to insure their safety.
Based upon legal argument and case law...officers with their expertise have been able to articulate items found through "plain feel" versus "plain view." As such, a baggie of marijuana that feels like a baggie of marijuana is admissable evidence.
You state "One could argue that it is the responsibilty of the principal to provide and orderly and safe environment..." and that arguement alone provides the authority for the school to search without a warrant. But...again...the school is not held to the same search standard as law enforcement. Nor is a school official held to the same standard for a "Miranda Warning."
Lastly, "it is argued that if the search was conducted by police it would of been unreasonable because they did not have a warrant..." holds no water. If the school official articulates their reasoning for conducting a search upon you or your belongings and provides sufficient "reasonable suspicion" to conduct a "Terry Frisk"...you're back to square #1...it's a legal frisk!
2007-10-15 06:08:58 · answer #1 · answered by KC V ™ 7 · 2⤊ 0⤋
A search of a person (pockets/pat down/etc) does not require a warrant and as such the evidence would not be excluded. Numerous cases before the supreme court have established this.
Additionally, school property is not open to the public. The law does provide restrictions for entering schools and the implied consent to search is often part of these conditions. In most states the school may also search lockers without warrants as the consent to search is part of the deal for getting a locker.
2007-10-15 05:36:31 · answer #2 · answered by davidmi711 7 · 2⤊ 0⤋
No, their rights are not being violated.
When a minor is on school property, they are taking responsibility for that and every minor in the school and basically have parental rights over them.
Any school official can search their person, their belongs, their locker and their desk with out a warrant or any other cause.
This is routinely done and any weapons or contraband found can be turned over to police and lead to formal charges.
The guys that work for me had just this case the other day. A student for a high school was found on the property of a middle school in the same school district. The student was taken into custody by the school staff and searched and pot was found on them. They called us and my guys charged the student with Trespassing and Possession.
NOW... this does not go for minors or adults that are NOT enrolled in school. The school staff can not search them. But, the police can be called and if they are still there upon arrival, they can be arrested for the trespass and then searched incident to lawful arrest by the police.
This is one of the most intelligent questions I have seen on here in a while! Good job and good luck with your class.
2007-10-15 07:28:16 · answer #3 · answered by Dog Lover 7 · 2⤊ 0⤋
Not at all.
You stated yourself he has a responsibility to maintain a safe environment, and because the school is open to the public, there is less of an expectation of privacy.
If you do a web search, you will find there are several cases argued for the same reason, and the courts have allowed schools much more lattitude than officers in searches. The general requirement for police to search is probable cause. The schools requirement is reasonable suspicion, this is much less of a burden of proof.
A confidential tip from another person in itself can meet the requirements of reasonable suspicion.
2007-10-15 05:36:24 · answer #4 · answered by trooper3316 7 · 2⤊ 0⤋
Because school is a place of public use, the schools have rights to protect their campus. Anything in their written rules, okayed by a school board, is okay to do.
I am certain that drugs on campus are a no-no according to the rules, and that either a school official like a teacher, principal, security guard or similar authority will have expressed consent to search for these contraband items.
Also, your English is atrocious. Maybe you'd best use school for its primary purpose and stop trying to rebel - and learn.
2007-10-15 05:46:45 · answer #5 · answered by Your Uncle Dodge! 7 · 2⤊ 0⤋
Something nobody seemed to mention is when you are under the age of 18(assuming you are with a principal and all, and not a dean) you have no rights at all. With no rights they can conduct a search. But that wouldn't stand a chance in a court for a appeal. Lets face it you got CAUGHT in SCHOOL with ILLEGAL DRUGS.So to answer you ? no it shouldnt be attemped or allowed... it would be a waste of money.
2007-10-15 05:52:04 · answer #6 · answered by Anonymous · 2⤊ 0⤋
No, when you are at school you are giving up some of your civil rights. The Principal has the right to perform locker & personal searches as long as he/she doesn't do an invasive body search(body cavity search). And it will hold up in court.
2007-10-15 05:56:26 · answer #7 · answered by Julia B 6 · 2⤊ 0⤋
No he doesn't. The police don't either, if they are doing a pat down and they find drugs on you they can charge you right on the spot and read you your rights.
If it's the schools policy to do locker and personal checks of students if there is suspicion of counterband then you out of luck.
2007-10-15 05:41:46 · answer #8 · answered by From Yours Trully 4 · 1⤊ 2⤋
My opinion is that since you are enrolled in your school, the right of the principal to enforce no-drug rules is implicit.
There's a legal word for it--acting in place of your parent.
2007-10-15 05:40:50 · answer #9 · answered by gwhillikers2000 5 · 2⤊ 0⤋
Nope. And to answer nearly all your questions about this, check out the following link. It will give you references to case law on this subject:
http://www.acgov.org/da/pov/documents/SCHOOLSEARCHES.pdf
2007-10-15 05:40:55 · answer #10 · answered by gunsandammoatwork 6 · 2⤊ 0⤋