School personnel must often balance a student's right to privacy with a school's interest in protecting all students. DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . Lockers can be a factor in shootings, hiding stuff, and helping students workload. 5. So students often assume they have the same rights when teachers or principals want to take drug tests, do pat-down searches, or look through kids' backpacks, phones, or lockers. Some of the reasons can be the students not being physical, security, gang violence and shootings. Your school must give you notice that your locker is . The recent school shooting in Michigan has prompted questions about whether schools can search a student's backpack or locker. This reasonable suspicion . And even though the Fourth Amendment prohibits unreasonable search and seizure, the use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school. In the 1998 Manitoba case of R. v. Difficult questions, but simple answers. What Are Student Searches? Schools can search a locker or backpack if they have "reasonable . For starters, students wouldn't have to worry about going to lockers, which would prevent them from being tardy. Lockers are school property; students are merely allowed to use them as they do with sports equipment, library books, school computers, etc. . crease in school violence, school authorities should be able to search a student's school locker in order to protect the other students. Teachers should not check students backpacks or lockers because, it invades privacy and . Also, it seems that with the recent school violence surge, it would almost be necessary. Yes because…. Learn to Be Independent and Responsible. C. An appropriate school official may, at any time, request assistance of the appropriate . School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students. Student Person and Possessions Lockers can be taken back without notice, for example if they are vandalised or become smelly with rotting food. Students carry backpacks and other necessary things such as a purse, phone and keys. However, under the fourth amendment it states that a search must have probable cause but not a search warrant, and you can not just base it on a rumor. A school resource officer did not have probable cause to search a student's backpack and, thus, an air pistol that turned up had to be suppressed in . The school should be able to search the lockers because it belongs to that school not the students. Locker should remain free of writing and stickers. A student's right to free speech, press, . Answer (1 of 9): They own the lockers, therefore they have the right to search them at any time. There are less school shootings going on in schools that do random locker searches. The official must have reasonable suspicion to believe that an individual . Carrying backpacks from class to class is a distraction, safety hazard and might cause health problems down the road. The administrators should not be allowed to go through the lockers purchased by the students for a whole year. Below are arguments for . Search should be allowed with reasonable suspicion, but should not require a warrant. A search includes opening a locker; reviewing the contents of a backpack, cell phone, or personal electronic device; or requiring a student to empty his pockets or undergo a "pat down." The school provides hall lockers and physical education lockers. Some view locker searches as a violation of the rights of personhood. The meaning of reasonable also depends on the type of search. If a school official has what is called "reasonable suspicion" that a school rule or law has been broken, they can search without involving the police or getting a search warrant from a court. Locker searches provide students with more confidence in their safety. School Searches of Students' Lockers Essay. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. Despite the controversy, though, a school policy that allows locker searches is often an effective deterrent against students bringing and storing illegal or dangerous contraband to school. Searching students' lockers without their permission would violate their trust. Teachers could ask for permission to take a look inside a student's locker, and if the student is okay with . They do not need a warrant or standard of proof, like the police must have when searching someone's property. from the School Search Reference Guide developed in 1999 by the National Association of Attorneys General. I, do, personally think no. Another reason lockers shouldn't be used is security. Every year there are less drugs and alcohol in schools, because of locker searches. While students are using lockers, they have the right to keep their contents private. "We have issued clear directives and . (backpacks, book bags, gym bags) to facilitate searches. There are a couple of factors to be looked at to establish a reasonable search. School employees are not allowed to search students without cause. According to the National Education Association, at least 100,000 students bring guns to school, 160,000 students skip classes because they fear physical harm, 40 students are killed or hurt by firearms, nearly 6,250 teachers are threatened with bodily injury, and 260 teachers are physically assaulted. It depends. My topic is: "Should school authorities have the right to search student lockers, backpacks, etc.? Backpacks are convenient and useful when it comes to using them during school. . Z(S.M. The article also delineates the difference between searching pockets, or backpacks, versus searching school . or; school property your child uses (desk, locker, etc. DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . However, students are expected to assume full responsibility for the security of their desks and lockers. The schools should be able to check all lockers so that they know what kind of stuff they have in them. If the local school district has a regulation that states this, the school must show that it had a reason to perform the . I agreee manal, school's should be allowed to search in students lockers for many reasons, especially in high school for drugs because, many students or kids may hide drugs or maybe weapons like a knife or something. . If a teacher suspects that a person has contraband only in his locker, then a search of that student's backpack probably isn't justified either. From drug suspicions to school shooting concerns, school officials have asked students to empty their backpacks, open their lockers, and even reveal the contents of their pockets during these searches. For the last two weeks . The fourth amendment protects individuals, including students, against unreasonable searches and seizures. A New York high school is the latest in the nation to ban backpacks following several bomb threats, and has even taken extra steps, including sealing up students' lockers. In January 1999, a bomb explosion in a Kansas High School locker sent 11 students to the hospital (Schoolsecurity). His or her locker and pockets can also be legally searched. After all, we use backpacks on the bus to keep things . However, most schools statewide have instituted "no backpack" policies in schools, asking students to instead rely on lockers to store their books and supplies, and there is a diversity of opinions. If students want to have cellphones at schools, all cellphones are subject to search at any time, just like the contents of backpacks and lockers. Independence. Although the lockers are the property of the school, the contents within are not. Missy J. Talbot. depending on the circumstances. Produced by the ACLU Department of Public Education. So, Yes or No? Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in . School officials in Michigan had legal grounds to search shooting suspect Ethan Crumbley's backpack and locker but did not do so, Oakland County Prosecutor Karen McDonald told CNN on Monday. Students should not be allowed to carry their backpacks around throughout the school day. Teachers, administrators, school counselors, and other personnel use student searches to keep a campus safe. But if your locker is considered school property, then your locker can be searched. Schools should be a fair and honest place. Ehlenberger, K. (2001). Entering another student's locker without permission is considered trespassing. School employees can search students within reason but must conduct reasonable searches and seizures of school and personal property. There is controversy whether schools should complete unannounced locker searches in schools. Which does allow the administration to search a locker or student if they is a "reasonable suspicion" that the student might have something illegal . A search looks for evidence of wrongdoing in places where someone has an "expectation of privacy." A search can be of your child's: person (empty pockets, pat downs, etc. 591 Words. And finally, if criminal charges have been brought against your child based on a search at school, you should speak immediately with an attorney experienced in juvenile criminal law. Some feel this is an invasion of privacy . It's true that the Fourth Amendment applies in the context of public schools, but students' privacy rights are more limited than if they were adults dealing with . The statistics of school violence are almost overwhelming in the United States. Some people think they're helpful, yet others think it's a waste of time. Backpacks must be kept in hall lockers during the school day. By Mark Walsh — August 03, 2012 3 min read. So students often assume they have the same rights when teachers or principals want to take drug tests, do pat-down searches, or look through kids' backpacks, phones, or lockers. Concerns over privacy, trust and rights have made the subject of school locker searches a controversial one. However, the rights of students must be balanced with the need to maintain a safe and effective educational environment. For more copies of this or any other Sybil Liberty paper, or to order the ACLU handbook The Rights of Students or other student-related publications, call 800-775-ACLU or visit us on the internet at https://www.aclu.org. This "expectation of privacy" applies to students in public school. I doubt that students who have something dangerous to hide, such as weapons or illegal substances, would put them in their lockers. Why? Proponents and Opponents. The Court articulated a standard for student searches: reasonable suspicion. Im doing a debate (tomarrowwwww, haha) and at the last minute, Im deciding to do a poll. Additionally, the courts have acknowledged . Roughly 160,000 students decide to skip at least one day each year (sometimes without their parents knowing it) because they feel unsafe when going to class.
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