Student Searches At School

Student Searches at School

The quartern Amendment of the United States Constitution was open up in order to shelter citizens from ridiculous searches and seizures by the federal official government. This was a right given to citizens by the Framers of the Constitution. But what if those citizens atomic number 18 students in a public school regulated by the State? Do student defy freedom from un originatorable search and seizure as outlined in the Fourth Amendment? In this paper, I plan to face that students who argon enrolled in a state public school be non protected by the Fourth Amendment. I will show that a public school has a legitimate involution in searching students in order to stop students from take and distributing drugs on its campus. It is also the schools responsibility to protect the rest of the student population and to provide a estimable learning environment. Furthermore, I will prove that these students are not entitled to the same privacy rights as other citizens and that the students are not guaranteed protection under the Due Process article of the Fourteenth Amendment.
In order for a school to enact any type of indemnity that would allow officials to search students, the policy must(prenominal) meet a certain standards. There are two types of these standards; the rational innovation standard and the strict testing standard.



Under the rational basis standard, the school has to show that the reason for the policy and search was legitimate. The policy cannot be over-inclusive or under-inclusive and must be accomplished legally. With the rational basis standard the pack of proof lies with the defendant or the student. Unlike the rational basis standard, with the strict scrutiny standard the burden of proof lies with the school. For a policy to pass strict scrutiny it has to be narrowly tailored and the school must have a cause interest for the policy.
Many of the policies that schools would establish allowing officials to search students will have to meet...If you want to get a full essay, order it on our website: Orderessay



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