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 …show more content…
In the article “Phone Patrol” it states “California’s Ventura County arrested Gregory Diaz, saying they saw him participate in a drug deal. The sheriffs took Diaz’s cell phone from his pocket and scrolled through the text messages. They found one linking Diaz to the sale.”. However, not all stuff a person does should lead to an officer or school being able to go through a person’s phone. Monitoring students’ online activity is a major invasion of privacy and a violation of freedom of speech. eople could have pictures in there, of their girlfriends that they don’t want anyone else to see, and it would be an invasion of privacy for the both of
When the case went to the U.S. Supreme Court they ruled in a 6-3 margin in favor of the State of New Jersey. They agreed that the student’s 4th Amendment had not been violated and the search of personal possessions can apply to school officials, as long as the search is reasonable.
In Klump v. Nazareth Area School District where the school district was found guilty for unreasonable searches and seizures because they had not seen any drug related texts before searching a student's phone. When the principal pulled Cruman into his office he had no proof or reason to suspect drug exchange except an anonymous tip which wasn't a credible source. Therefore just like in Klump v. Nazareth Area School District they had no proof or strong reasoning to search the belonging of the students. In Mapp v. Ohio the police searched Mapps house and found illegal objects. Yet they couldn't use any of the objects obtained because they were illegally obtained by violating her fourth amendment. This relates to Cruman because the principle had no search warrant of any sorts to search the facebook account. Therefore if the principle had no other reason to go through Cruman’s facebook then the information obtained was obtained illegally and cannot be used in court. The school had no search warrant to search Crumans private facebook and they also had no proof or knowledge of the facebook existed except an anonymous tip which had little
This Amicus Brief is on behalf of the Bristol School District. Suzie and her boyfriend Cyrus are both students at a high school in Bristol, Virginia. Suzie sent inappropriate photos of herself to her boyfriend, Cyrus, but shortly after that their relationship soured. Cyrus forwarded some of the photos to upperclassmen in the school. Suzie and her parents were upset with Cyrus and demanded the principal take action. The principal confronted Cyrus, but he denied the allegations. Principal Sheevers told the school security guard to frisk Cyrus for his phone, but the security guard was not able to find Cyrus’s phone. Principal Sheevers proceeded to Cyrus’s locker and opened it and found his cell phone. Principal Sheevers found the photos on Cyrus’s phone and suspended him for two weeks. Cyrus sued the school for accusing the school of violating his fourth amendment. The search of Cyrus’s cell phone by the school principal was not a violation of his
Technology has become more accessible to the point it has become easier for government to watch everyone's move. In this generation technology takes over everyone's daily life, where people wakes up and the first thing is look at is the phone. A phone there are many things on it, like text, pictures and videos. Phones can do many things, but there is a possibility where the government can tap into a phone and look through it. The government can watch everyone’s: text, history, private info, and pictures. Government has no right to looking through people’s personal info because it violates Fourth amendment, Blackmail, and Creates fear.
When is a search and seizure reasonable? John Vile clearly explains the origination of the Fourth Amendment and why it was created at the time of the creation of the Constitution, ¨Like the amendment that precedes it, the Fourth Amendment was largely motivated by abuses of the British when they ruled America. They had used general warrants, or so-called writs of assistance, in tracking down customs violations in the colonies. A number of states subsequently adopted provisions against such warrants, and ratifying conventions in Maryland, Virginia, and North Carolina all proposed amendments dealing with the subject¨(Vile). At first, the forefathers of our country created the Fourth Amendment so that the British could not infringe on the colonists privacy. The thought of privacy within schools was not even something that was of concern at the time of the creation of the Constitution. As time has gone on, our country has made advancements that our founding fathers could never have foreseen, and has left our current government to interpret the Fourth Amendment themselves. The Fourth Amendment is detrimental when it comes to someone’s privacy, especially in a school environment. It is valuable to students and teachers alike, without it teachers and staff members would be able to search a student’s belongings without a reason or warrant. The Fourth Amendment is definitely viable in the school environment because it places regulations on what the staff in the schools can do without
I believe that the government has good reasoning to want to go through our phone conversations and e-mails, but that doesn’t make it right. The fourth amendment prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate. This means that they can’t just go against the United States Bill of Rights and dig through people’s electronic devices. Part of the first amendment states you have the freedom of speech. If you have freedom of speech and the government is watching and listening to your conversations and you accidentally say something that sounds like terrorism but you happen to be joking, they can arrest you because they are suspicious. Both
Do u think that students should be monitored by the school district when using their electronics at school? In the article, At some schools ‘Big Brother’ is watching, written by Kelly Wallace, people are interviewed and asked what their opinion is on students getting monitored by the school district to get rid of cyber bullying, violence, and suicide. A majority of the people interviewed thought that it would be a good idea if students got monitored. The author disagreed with the idea of the students getting monitored. In my personal opinion I think that the school district should not have the right to violate a student’s privacy and monitor their every move.
It cannot be disputed that schools often have to place the privacy of one student, below the overall need to secure the safety of a student body as a whole. If students know that their belongings can be searched, it will discourage them from committing illegal activities at school.
Until now, many people argued that searching of historical cell phone records affects people’s privacy, but some other argue that the fourth amendment gives extreme protection for people’s privacy and it puts the country’s safety at risk. In general, it’s obvious that the fourth amendment gives extreme privacy to people since searching for the call history of a person to find just the location and time of call of a person without getting deep into its contents doesn’t touch the privacy of a person but at the same time gives an important information for
Students in United States schools have the Fourth Amendment right to be free from unreasonable searches (Waldman, 2011). The Fourth Amendment is “The right of the people to be secure in their persons,
These companies have found a niche market. The need for cell phones should have been something our forefathers forecasted. The ability to stay connected should have been noted as an inalienable right. But instead of being allowed the same rights as those with higher socioeconomic status, kids attending “scan schools” have to pay a fee that they may or may not be able to afford for (Prose 30). While some may argue that the need for storage of cell phones and the service provided by these private companies has all the making of capitalism, the reality is that these companies have been taking advantage of a situation. Cell phones have become more than luxury item and for many a basic necessity for life. Prose notes that in more affluent areas bans against cell phones exist but as long as students “aren’t caught” authorities at these institutions of learning have been known to turn a blind eye. The private companies supply a service to meet a demand to a tune of $4.2 million a year (Prose 31). Prose writes, “Most of this from poor kids, and in a city that is slashing its school budget,” (31). When one sees such statements, how can he or she not think of these companies as predatory instead of just business savvy? According to Prose, the disallowance of cell phones in schools does not keep the violence from happening because if a will to bring weapons into the school exists then it will happen
The Fourth Amendment defends people from being neglected by an authoritative and controlling government. Conflicting to popular belief, the right to privacy is not specifically mentioned in the U.S. Constitution. Over the years, the courts have translated the Fourth Amendment, along with other Amendments such as the ninth, to protect privacy in many situations. In question, is there a limitation for those rights to be exercised at school? Is a student protected from unreasonable searches and seizures at school? New Jersey v. T.L.O., (1985), a case where a 14-year old girl female student caught smoking in the bathroom at school was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court.
Do you think teachers are alert enough, of whom has their phone’s? Students have mastered to hide their phones.They know how to hide them and use them during. One time I was walking in the hall and saw a student have their phone, a teacher saw and did not even care. Students should know the consequences for having their phones,because they just care about their phones,and they are not aloud to have them in the first place.
Picture this, there has been a school lockdown, the suspect cut the landlines so no one could call the police for a rescue. However, the suspect was captured by the police much faster than he imagined. The last scene wouldn’t have happened if it was one decade ago, because cell phones were not popular in schools then. When it comes to cell phones, some people think they should not be permitted in schools, and other people think they should be permitted in schools. I agree with the latter opinion for the following reasons: Cell phones are an efficient way to communicate when emergencies occur in school; cell phones can be a great tool for learning during school hours; and the current prohibitive rules on cell phones are merely fruitless
Many children have found themselves to be victims of cell phone abuse. Students often use cell phones to spread rumors and misinformation. This misinformation can be difficult for the victim to digest and can be quite stressful for a young child to comprehend. This act of misinformation has resulted in the death of several children after their private information and unsubstantiated information had been spread with the use of cell phones. State and local officials have begun to develop laws that establish strong consequences for the spread of personal information. These consequences include fines, jail time and possible sex offender status.