Anybody having their belongings confiscated can feel a multitude of emotions from annoyed, enraged, disrespected, etc. But is this allowed, and does it follow the constitutional right to be protected from unreasonable search and seizure. Does this affect individuals when it comes to places such as school where administration is held responsible for the children? Even in these specific circumstances no one is legally allowed to search the through the contents of anyone’s phone, so privacy is still respected and reward by the judicial system as constitutional.
Information stored on cell phones range from embarrassing to incriminating and protect people’s rights to not readily allow this very personal information to anybody whether it be a school official or a police officer. Protects personal interest and is safe under the fourth amendment, and luckily many courts agree to. This helps keeps individuals free of seemly unfair punishments for things that might have not been in progress or recent petty events. Shown in cases like Gallimore V. Henrico
…show more content…
This has left school up in arms over whether or not they’re allowed to search through students’ phones without repercussions. This comes with its own sets of problems and benefits. It benefits the individuals who would like to have their privacy kept and abuses can happen like the Pennsylvania school using the student phone to cause unnecessary disruption, but it could also be a big disservice to as it allows many preventable acts from happening more frequently acts such as cheating, bullying, and drug sales acts that are often caught or perpetrated through phones and social media. (p.1,2,3) Creating a real barrier to schools doing the job assigned to them to protect children with in the walls of the
Police being able to search your phone without is warrant is a violation of privacy and the fourth amendment. This is an ongoing issue that is currently in the Supreme Court and state courts, which have split opinions on the issue. The courts are having a lot of trouble grasping what to compare a cell phone to as far as searching it. A big case that they are comparing searching cell phones to is over 40 years old and it involves a police officer searching through a cigarette box and finding drugs. A judge in the 9th circuit against warrantless search debunked the cigarette box comparison by saying phones are more like a suitcase, except the suitcase contains everything that you have ever traveled with in your entire life,
The bell rings for the students’ next class. They walk outside the classroom and a dog and a police officer are patrolling the school, inspecting lockers, and now everyone is scared, and forgets about school, but not the cop. This is not the way schools should be. Schools should only have drug searches under certain circumstances, not out of nowhere. Students’ belongings should only be searched under certain circumstances because of students’ rights, the 4th amendment, and students’ behavior.
Students have rights just like everyone else, even if they are in a school environment. It can be humiliating and dangerous to a student's well-being to have their property searched and violated. Some students are even willing to sue if they feel they were unjustly searched. Dear faculty of high schools across America I implore you to think before you decide to search through and violate a student's cell phone; I believe that this practice is harming students.
Should school officials and police officers be allowed to search through students phones? School officials and police officers should be allowed to search students phones. School officials and police officers need to be able to check students phones, so they can keep everyone safe. Some people think that school officials shouldn’t be able to search students phones, instead it should be the parents problem.
The fourth amendment of the United States talks about the rights of people and how they can secure their personal items unless they need to be searches by the police. The only time the police or someone in the federal investigation business can search your house is if they have a search warrant and a good cause to search your house. The reason they would need a good reason is because they have to go to the court to get one, so if they say that they need a search warrant because someone stole a candy bar from the store they probably won't get it. But everything's the same with your phone. Unless it is on school grounds.
Should schools and officials be able to go through one’s phone for information? I don’t believe that schools and officers have the right to be able to go through a suspect’s phone for information about something, I believe it is a violation of privacy, and ignores the fourth amendment which protects people from random search and seizures. For example, they could have embarrassing or funny personal photos and videos with a friend that they wouldn't want anyone watching or seeing. In the article “Phone Patrol” it states “People could have....pictures in there, like of their girlfriends, that they don’t want somebody else to see, and it would be an invasion of privacy not only for them, but the other person also.”, and I believe police don’t need to be snooping through a suspect's personal information and pictures because they are invading one’s privacy. In addition, schools shouldn’t be able to stalk and look at a student's social media and then go through that students stuff. If there’s a situation, the school shouldn’t get involved, they should let the student’s parents take care of that. In the article “Password Protected”, it says “Schools do
Search and seizure in schools has always been a highly debated topic. Many questions arise when the need to search students is brought to the forefront. What can be searched? Who needs to be there when items are searched? Are the student’s rights going to be violated if a search is performed? Why does the search need to be performed in the first place? Can items that are found be used against the student in court? These are areas that need to be looked at closely when a search needs to be conducted. In this paper, I will look into what exactly search and seizure is when related to schools, the Constitutional Amendments and provisions included with search and seizure, and landmark cases that have paved the way for searches in schools across the nation. At the conclusion, one will understand the guidelines that need to be followed so that students’ rights are not violated, and the ultimate goal of the searches, the safety of students, can be maintained.
I think that students’ expectations of privacy while in school are guaranteed by the Fourth Amendment of the U.S. Constitution which states that people have the right to be secure in their persons, property, and effects, against unreasonable searches and seizures (Siegel & Welsh, 2014). The schools must create and maintain a safe environment for students to learn. I feel that as long as the school provides safety and education then their policies should reflect. If searching the students’ property before they enter school grounds is necessary to ensure safety that is a reasonable search. Reasonable searches must be fair and impartial to all students no matter their race, ethnicity or gender. An example of an unreasonable search would be if
Officials shouldn’t look through your phone , because it’s a violation of privacy. For example, when a teachers look through students phones it makes students lose trust in their teacher.In the article Freedom Comes First, it claims that “There should be a level of trust between a teacher and a student.”This shows students to trust teachers and the things they say, or do.In addition, officials have no rights to look at any other device not owned by them or their company. Like in the article Freedom Comes First, it states
Searchs and seizures in school have been decided that they follow different rules then in the real world. Searches and seizures in the real world can only be performed if they fit theses for things: A warrant which states where they can search and what for, Probable cause, the need to act quickly to prevent evidence from being destroyed and if there is evidence in plain sight. While it 's been determined by the Supreme court that students still do have fourth amendment rights, they have much more limited rights. Warrants are not necessary in schools as well as teachers can search with reasonable suspicion. This does not seem fair, If school staff are trying to teach students how to be citizens, they
Should officials be able to take your phone or any other electronic if they feel they need to? Schools believe that they can take students phones due to cyber bullying. If they can take the students phone they can stop the cyber bullying and get it under control. They have the right to monitor students online activities. If they are doing something inappropriate, the school can stop it right away. Say the police arrest someone for drugs, they can easily
Schools shouldn’t be allowed to conduct random searches of students private items. I mean schools make it so our private items stay private so why can they do searches through
The first question at hand is: Do Students have the same rights as adults under the Fourth Amendment? The Supreme Court, over fifty year ago, ruled that students do not abandon their constitutional rights when they enter a school building (“The Fourth Amendment & Students,” 2008). However, students’ rights to privacy are more limited than those of adults. For adults, a search requires a warrant, probable cause, or reasonable suspicion and any that illegal evidence obtained during a search can be used in court (“The Fourth Amendment & Students,” 2008). One job school districts have is to maintain safety. Therefore, students’ rights are limited. A warrant is not required for a search of a student, and the school officials only need reasonable suspicion to search a student (“The
The fourth amendment states that it is “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” and so when you go to school you have your person, papers, and effects. If you are searched at school without a warrant, then the school district is actively violating your right to not be unreasonably searched. Schools often take their searches to far as seen the Safford Unified School District v. Redding case. It was also said that “It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights. More than that: it is a violation of any known principle of human dignity.” (Judge Tom, 2016). Students falsely reporting prohibited substances which result in unreasonable searches. Unfortunately a ruling in the T.L.O. case which “…held that students remain free from unreasonable searches and seizures.”(Butterfield, 1995) did not stop the Redding girl from being striped searched.it is quite frankly sad that our schools feel the need to unreasonably search students all the while taking up time and resources that some schools just don’t
Even if it means protecting the community, officials shouldn’t be able to go through personal devices. If a student posts an inappropriate picture on social media parents can deal with it not teachers. “Monitoring students’ online activity is an invasion of privacy and a violation of freedom of speech“, says Akasha Bagaria. If a student did something on social media that didn’t involve school, teachers shouldn’t be allowed to discipline the student because their role is to teach, not monitor kids outside the classroom. Also, if someone gets arrested, police shouldn’t be allowed to go through his/her phone. “The two judges who voted against the verdict argued that cell phone searches are an invasion of privacy. They noted that smartphones can contain a wide variety of information about a person”, said the article Phone Patrol, section “Should the Police Be Allowed to Dig Through People’s Cell Phones?” If a police officer goes through someone's phone, there could be embarrassing things that he doesn’t him