The Violation Of The Fourth Amendment

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.

Justice Thomas had a dissenting opinion and stated that the fourth amendment right does protect us against unreasonable search and seizures (as did most of the judges). But it is the context of were it takes place he says students have the fourth amendment right just not on school property. The reason is the responsibility the school and the officials have is to ensure the safety of the students. Thomas concurred in the

The case was argued to the U.S. Supreme Court on March 28, 1995. The court noted that the Fourth Amendment, which forbids unreasonable searches and seizures, was extended via the Fourteenth Amendment to cover searches and seizures by state officers, including those at public schools. Since the collection and testing of urine under the school policy was a search and thus subject to the Fourth Amendment, the Court decided a reasonableness test would be required. As a result, the court stated that while school officials are technically agents of the state, because of their custodial relationship with their students, the school faculty have authority to act in-loco-parentis to make sure the children they are responsible for are kept safe. The court

The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is

It was October 12, 2001, in the House of Representatives, A sickly sight, politicians gathered around the constitution, like vultures over its prey, was slanting over their chairs as the president George Bush walked to the bill, We were waiting outside the building, a row of protestors voiced their opinions like small animals. The politicians looked at the constitution, then at the fourth amendment, these were the condemned rights, due to be violated within the next week or two.

The Fourth Amendment provides, "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Did you know Evidence that is obtained by violating the Fourth Amendment is usually not admissible in court? It’s actually interesting how this works. The amendment i chose is the 4th one because i like my persons and properties protected. This right was put in the bill of rights because there were to many unreasonable searches and seizures. To me i feel this right is used today to keep the searches and seizures under control. I think the 4th amendment may be under attack by the officers who do illegal searches and violate the amendments.

The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment 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 no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

The subject of student rights has caused a lot of confusion and anger for decades now. There are two different sides that everyone seems to fall into. Some people want the constitutional rights of students to be fully protected within the school. The other side believes that, as a public institution, schools should regulate what is said or done by students to protect everyone involved. This is where it gets confusing, because it is hard to draw the line between what is allowed or not. The three most interesting topics that I chose to cover are a student’s right to free speech, religion within the school and student privacy.

The Fourth Amendment protects citizens from unreasonable search and seizures. (People v. Williams 20 Cal.4th 125.) A defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unreasonable search and seizure without a warrant. (Penal Code §1538.5(a)(1)(A).) Warrantless searches and seizures are presumptively unreasonable. (Williams, supra, 20 Cal.4th 119; see also Minnesota v. Dickerson (1993) 508 U.S. 366 (stating searches and seizures conducted outside the judicial process are per se unreasonable unless subject to an established exception).) While the defendant has the initial burden of raising the warrantless search issue before the court, this burden is satisfied when the defendant asserts the absence of a warrant and makes a prima facie case in support. (Williams, supra, 20 Cal.4th 130.) Accordingly, when the prosecution seeks to introduce evidence seized during a warrantless search, they also bear the burden in showing that an exception to the warrant applies. (Mincey v. Arizona (1978) 98 S.Ct. 2408; see also People v. James (1977) 19 Cal.3d 99.) Evidence obtained as a result of an unlawful search and seizure is considered “fruit of the poisonous tree” and should be suppressed. (Wong Sun v. United States (1963) 371 U.S. 471; see also Minnesota v. Dickerson (1993) 508 U.S. 372 (stating unreasonable searches are invalid under Terry and should be suppressed).)

There are lots of different situations where students of a public school are deprived of their right of free expression given in the fourth amendment. One example of this is the case of Engel vs Vitale. This court case took place in 1962 when a parent of a child sued because of a New York State law that required students to recite a nondenominational prayer every morning, "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country”. This law goes against the Establishment of Religion clause of the fourth amendment. Another violation of The Bill of Rights is the Tinker v. Des Moines case. This case took place in 1969 when two students, MaryBeth Tinker, and her brother wore black armbands to protest the Vietnam war. However, the result of this action, according to the article, Supreme Court Landmarks from the United States Courts, “ Fearing a disruption, the

The Fourth Amendment is part of the Bill of Rights which was established in the seventeenth and eighteenth century English common law. Aside from the rest of the amendments in the Bill of Rights the Fourth Amendment can be traced back to a strong public reaction from some cases back in the 1760s. Two of these cases happened in England and one case happened in the colonies. These cases involved some pamphleteers who would pass out pamphlets to the public in order to spread their word around. These pamphlets however ridiculed the king and his ministers. After finding this out the king issued warrants to have the pamphleteer’s homes ransacked and stripped of all their books and papers. Even back then the pamphleteers knew that their rights

The Fourth Amendment of the United States Constitution applies to a person and their home by providing protection against unreasonable seizures and searches. While it provides protection, not every search and seizure can be deemed unreasonable unless it is classified as per the law, by determining whether there was: a) the level of intrusion of the individuals Fourth Amendment, and b) whether or not it pertains to the government’s interest, such as safety of the public.

Prior to the landmark ruling by the United States Supreme Court, New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985), the clarity on how search and seizures applied to students in public schools were unclear. A particular case from 1969 can shed some light regarding on how the First Amendment of the U.S. Constitution defines student rights in public schools. In Tinker v. Des Moines, 393 U.S. 503, 89 S. Ct. 733; 21 L. Ed. 2d 731 (1969), the court found that:

The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually