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 05:32:46 · 10 answers · asked by Coper 1 in Politics & Government ➔ Politics
actually Im talking about my Law homework....
2007-10-15 05:54:42 · update #1
No! I studied juvenile laws. If the person is on public grounds, especially a school, the school has the authority to search the person if he or she feels that the safety of other students is being jeopardized. Also, that law about search warrants ONLY apply to police. The thing that differs with juveniles and adults is that the parent must be called first, then the police. Honestly, you could make that argument about violation of privacy but most likely the judge handling the case will side with the authorities e.g. the school and the police.(These are the laws in California. I am NOT sure if laws vary from state to state in regards to juveniles.)
Also, as others have stated, you can appeal ANYTHING.
2007-10-15 05:41:43 · answer #1 · answered by Liberal City 6 · 1⤊ 0⤋
I think it is fine for a principal to search the student. I mean what if he was looking for a gun? What if he found a gun? I mean he could actually save someones life. Do fireman need a warrant to run in someones home and get them out of a fire? I mean come on the principal is in charge of providing a safe environment for the teachers and students and need to be allowed to do that. He obviously had a reason to suspect this student was doing something wrong and the fact that he found drugs just goes to prove that the kid was doing something against the rules. The principal should want to keep drugs out of his school and I think he has a right to do so if he can.
2007-10-15 05:42:18 · answer #2 · answered by cookiemonster 5 · 0⤊ 0⤋
A search for of someone (wallet/pat down/etc) does no longer require a warrant and as such the info would not be excluded. distinctive circumstances before the perfect courtroom have ordinary this. also, college resources isn't open to the wide-spread public. The regulation does provide regulations for entering faculties and the implied consent to seek is often element of those situations. In maximum states the school may also search for lockers with out warrants because the consent to seek is element of the deal for paying for a locker.
2016-10-21 05:05:51 · answer #3 · answered by ? 4 · 0⤊ 0⤋
As long as you're on school grounds, the Principle has every right to search you for drugs. I know most schools in my area are "Drug Free Zones" which also gives a Principle the right to search any student they feel might be carrying drugs.
As for an appeal....Forget about it!!! You were caught with drugs, therefore you face the sentence any other person would get for possessing drugs on school grounds.
End of story!!
2007-10-15 05:41:53 · answer #4 · answered by deiracefan_219 5 · 1⤊ 0⤋
The rules for searching a person do not apply to schools. You are subject to being searched once you step foot on the school grounds and there is nothing you can do about it. Sorry, but thats the law. Besides, why the hell would you want to ruin you life with drugs?
2007-10-15 05:38:44 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Ok we all know you are talking about yourself and your own situation. Just put down the drugs and go to school to learn. I hate when potheads and junkies try to blame the system for their troubles. Just follow the rules. It's school for gosh sakes-- a drug free zone. I don't think anyone is out of line to question drug use in schools and to do what's necessary to stop it. If you want to waste your life away getting high then do everyone else there a favor and drop out of your school so you can go work at McD's and really get all you want out of life. Ugggggh .
Appeal? Please.
2007-10-15 05:45:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no you have no rights at school, you go there to learn, and if they want to search you or your locker then they can do so, if not..they should be able to. But I agree, out on the streets they have to have a probable cause to search. Why would you take drugs to school anyway?
2007-10-15 06:04:34 · answer #7 · answered by goodgirlabout2gobad 6 · 0⤊ 0⤋
Sure it can be appealed. But how stupid is it to bring drugs onto school grounds? That is senseless.
2007-10-15 05:43:50 · answer #8 · answered by gone 7 · 0⤊ 0⤋
You can ALWAYS appeal.
If there was probable cause, you don't need a warrant. e.g. if police stop your car and smell marijuana, they can search your car - without a warrant.
2007-10-15 05:37:05 · answer #9 · answered by words_smith_4u 6 · 2⤊ 0⤋
No.
2007-10-15 06:42:14 · answer #10 · answered by zombi86 6 · 0⤊ 0⤋