The school provides hall lockers and physical education lockers. The fourth amendment protects individuals, including students, against unreasonable searches and seizures. DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . The start of summer programs with Duval County Public Schools is right around the corner for students, and many of them will be leaving their backpacks behind. Schools have more leeway than police when searching students' pockets, backpacks, lockers, and other belongings, but there are limits. Some feel this is an invasion of privacy . What is being searched: Depending on whether the school is searching your locker, your backpack, or under your clothes, it needs to comply with different requirements. . During passing periods, before school, and after school, students have to visit the dreadful locker. Backpacks provide a healthy way for students to transport items to and from school or class. The time given between classes is meant to go to the locker and to the next class . If a school official asked to search a student's locker or bag, there should be no hesitation. Lockers can be taken back without notice, for example if they are vandalised or become smelly with rotting food. School authorities are currently allowed to check students' lockers and backpacks if they feel the student is breaking the law or posing a threat to the safety of the school. Another reason to have backpacks in class is to keep all student belongings off the tables so there is plenty of room for work. Schools have there different opinions to have lockers and not to have lockers. Some people think they're helpful, yet others think it's a waste of time. A person has very few legal rights until the become 18 years of age or 21 years of age. After all, we use backpacks on the bus to keep things . A student's right to free speech, press, . That student must have given the school a legitimate reason for searching the backpack, such as potentially having a weapon or illegal drugs in the backpack. School admin istrators should only be able to search a students' locker when they have a reasonable suspicion of the student's wrongdoing. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. Learn to Be Independent and Responsible. The school should be able to search the lockers because it belongs to that school not the students. C. An appropriate school official may, at any time, request assistance of the appropriate . The recent school shooting in Michigan has prompted questions about whether schools can search a student's backpack or locker. If your locker is considered personal property, then your school may not search your locker unless it has a "reasonable suspicion" that it may find something against the law or school rules. Which does allow the administration to search a locker or student if they is a "reasonable suspicion" that the student might have something illegal . . 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. 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. The person doing the search: Different rules apply to the search depending on whether it is conducted by a teacher or principal, a school resource officer, or a police officer. . Yes because. Some of the reasons can be the students not being physical, security, gang violence and shootings. 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 . If a parent or student feels that such . Carrying a backpack eliminates that need and gives us more space," Andersen said. Searching students' lockers without their permission would violate their trust. For the last two weeks . crease in school violence, school authorities should be able to search a student's school locker in order to protect the other students. One reason there are no backpacks allowed in classrooms and students have to leave their things in lockers is because teachers. Carrying backpacks from class to class is a distraction, safety hazard and might cause health problems down the road. Download Other. This "expectation of privacy" applies to students in public school. The locker can represent many things for high school students: a center of social interaction, a means of self-expression, that one little area of school that is wholly and entirely theirs. It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches. Some reasons can be that they are good for carrying stuff and lasting for a long time. School Searches of Students' Lockers Essay. Junior Emma Wynkoop said, "I don't have time to go from a class to a locker and then across the school." With lockers, if a student forgets materials, the supplies that are necessary to have during class are hard to access once a student is in class. Z(S.M. 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. Typically, backpacks and lockers are full of books, pencils, and paper. Some schools have already taken advantage of the new rule. Ok, so heres the dealio. Another reason lockers shouldn't be used is security. Below are arguments for . The start of summer programs with Duval County Public Schools is right around the corner for students, and many of them will be leaving their backpacks behind. Lockers and backpacks are the two places students store things while they are in public high schools. Independence. . In January 1999, a bomb explosion in a Kansas High School locker sent 11 students to the hospital (Schoolsecurity). depending on the circumstances. 1. School lockers save students, teachers and parents alike from the unpleasantness of dealing with the aftermath of personal property going missing. Some schools require teachers or administrators to have probable cause to search a locker or a backpack. I doubt that students who have something dangerous to hide, such as weapons or illegal substances, would put them in their lockers. Although the lockers are the property of the school, the contents within are not. 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. Students have heavy textbooks, stolen valuables, and sports bags that all could be put in a locker. When the last figures were taken by the government educators had found more then 2,000 weapons stashed by students in lockers, backpacks and pockets in the 1996-97 school year. Since he remembered the combination, I found that he positioned a book so that it would f. Most of the time, these searches. There is controversy whether schools should complete unannounced locker searches in schools. How ever, this authority to search should not be unlimited. Junior Emma Wynkoop said, "I don't have time to go from a class to a locker and then across the school." With lockers, if a student forgets materials, the supplies that are necessary to have during class are hard to access once a student is in class. However, the rights of students must be balanced with the need to maintain a safe and effective educational environment. The official must have more than a hunch. Ehlenberger, K. (2001). 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 YES, but only under certain circumstances. times under the control of the school. On the other hand, a school official who is not a police officer can search a student's belongings if they believe the search is reasonable. Getting rid of lockers might sound like a simple solution, but it's far from cost effective and would have adverse effects on our century-old building. An appropriate school official may search student lockers and storage areas and the contents contained therein at any time for any justifiable reason. Answer (1 of 9): They own the lockers, therefore they have the right to search them at any time. It's also routinely argued that school lockers provide kids of all ages with a unique and valuable opportunity to take care of their own possessions. Backpacks are convenient and useful when it comes to using them during school. This means that a school official cannot just randomly stop a student in the hall and force that student to hand over their backpack for a search. The school checking students backpacks and lockers are not only an abuse of power, But is . The search must be carried out in a reasonable matter and the circumstances considered should include age and gender of the student. Students carry backpacks and other necessary things such as a purse, phone and keys. 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. Every year there are less drugs and alcohol in schools, because of locker searches. Sadly, many schools have gotten away from using lockers because of the threat of hiding guns, drugs, bombs, etc. 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. A reasonable search can be made of the purse or backpack he or she was carrying at the time of the incident. Taking responsibility for . Dear Rhonda: Public schools have the authority to conduct searches of students and their backpacks, lockers, cars, etc. The schools should be able to check all lockers so that they know what kind of stuff they have in them. It takes lots of time to go through the hallways to retrieve class . Also, it seems that with the recent school violence surge, it would almost be necessary. School lockers are a privilege and should be used more. Reasonable in how it is done. My topic is: "Should school authorities have the right to search student lockers, backpacks, etc.? It certainly would reduce the strain of carrying heavy backpacks around all day. It seems logical that a school should have the right to search a student's locker or desk because; the student is on the school's property. 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. Entering another student's locker without permission is considered trespassing. School safety and the laws that govern safety are difficult to navigate because laws . However, private school administrators are not . The school should be able to search the lockers because it belongs to that school not the students. While students are using lockers, they have the right to keep their contents private. Searches of a student's person or belongings: A search of a student's person or belongings by a school official must be reasonable, but no warrant is required. The fact is, there are a number of reasons why the backpack rule has been put in place, and only one reason . Im doing a debate (tomarrowwwww, haha) and at the last minute, Im deciding to do a poll. 591 Words. 5. Currently, students have to carry every single notebook to each class or have to rush to their locker between classes. Parents and students should be mindful that if they want to keep private materials private, it is most safe in the home rather than in a backpack or locker at school. Student desks and lockers may not be used to store illegal, unauthorized, or contraband materials. Lockers could ease pain, prevent stealing, and help keep . Students should not be allowed to carry their backpacks around throughout the school day. or; school property your child uses (desk, locker, etc. Yes, lockers are school property. from the School Search Reference Guide developed in 1999 by the National Association of Attorneys General. At Oromocto High School, the teachers make it very clear by thoroughly explaining the rules on the first day. The Court articulated a standard for student searches: reasonable suspicion. It focuses on published court decisions interpreting the Fourth Amendment of the United States Constitution and provides a broad overview of search and seizure law as it applies to school officials and students. . So, Yes or No? Students in schools all over have backpacks that weigh 10-30 pounds. Missy J. Talbot. Courts will weigh a student's right to privacy against a school's need to obtain evidence of school rule violations and violations of the law. Locker should remain free of writing and stickers. Teachers could ask for permission to take a look inside a student's locker, and if the student is okay with . Cons of Locker Searches. . =) GOOD JOB <3--Racha Produced by the ACLU Department of Public Education. A student's personal effects found within a desk or locker, such as a backpack, gym bag, or purse . For example, if a student is accused of having . Backpacks could just hang from the chairs. It depends. His or her locker and pockets can also be legally searched. 125 Broad Street, NY NY 10004. A violation of personhood is viewed by many as an implicit but unstated lack of trust in all students in a given school of school district. There are a couple of factors to be looked at to establish a reasonable search. A lead: someone has told a staff member that a student is in possession of a dangerous item. 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. 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. 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. Schools can search a locker or backpack if they have "reasonable . Students had reported that the student (Z) was present when drug use took place or was associated with other students thought to be involved with drugs. By Mark Walsh August 03, 2012 3 min read. According to the U.S. Supreme Court case, Tinker v. Des Moines, students do not "shed their constitutional rights" when they are in school. A school official conducts a "search" any time the official inspects a student's person or property. Should Backpacks Be Allowed In Schools 802 Words | 4 Pages. Concerns over privacy, trust and rights have made the subject of school locker searches a controversial one. The meaning of reasonable also depends on the type of search. Locker searches provide students with more confidence in their safety. There are less school shootings going on in schools that do random locker searches. In the 1998 Manitoba case of R. v. 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. The official must have reasonable suspicion to believe that an individual . The search must be: Justified when it starts, and. School employees are not allowed to search students without cause. Teachers should not check students backpacks or lockers because, it invades privacy and . All in all, they . "We have issued clear directives and . I, do, personally think no. Some searches are clearly illegal, for example, if a teacher searches a student's locker on a hunch or for no reason. However, students are expected to assume full responsibility for the security of their desks and lockers. A recent decision by the Ohio Supreme Court brings to light the complexity of these competing concerns and the high-stakes decisions that must be made in the fast pace of a public school. A Wisconsin school district is closing a Title IX inquiry into three middle school students accused of sexual harassment for using improper pronouns. 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. 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. " And Im on the Negative side of this debate. Proponents and Opponents. Students are or should be told that schools have the right to search their . ). However, they can also contain dangerous things like drugs or weapons. There are different opinions on the lockers. 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. . Lockers can be a factor in shootings, hiding stuff, and helping students workload. Teachers, administrators, school counselors, and other personnel use student searches to keep a campus safe. Search should be allowed with reasonable suspicion, but should not require a warrant. (backpacks, book bags, gym bags) to facilitate searches. 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. Why? A locker is space owned by the school that students are given the privilege of using to store their supplies. For starters, students wouldn't have to worry about going to lockers, which would prevent them from being tardy. Can my school search me without my consent? Difficult questions, but simple answers. . Under no circumstances should any student be in possession of anything at school that is not allowed. ATLANTA, Ga. (CBS46) - Backpacks and lockers are now part of the past for Clayton County students after a wave of weapons started flooding school campuses this semester. Miranda Drexler. The case began when a Columbus . The article also delineates the difference between searching pockets, or backpacks, versus searching school . But if your locker is considered school property, then your locker can be searched. Backpacks must be kept in hall lockers during the school day. Teachers and administrators should be allowed to search students' lockers. Which in situations like this, they could take action of the problems and try to stop them. 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." They do not need a warrant or standard of proof, like the police must have when searching someone's property. 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. Unreasonable student searches may include body cavity searches and vehicle searches if the student's car is parked off-campus and not being used for a school activity. If school lockers are installed on the premises, the children will learn to be responsible enough to handle their belongings with ease. Second, the way your school does its search should be "reasonable" based on what is being searched for and your age. School employees can search students within reason but must conduct reasonable searches and seizures of school and personal property. Additionally, the courts have acknowledged . The statistics of school violence are almost overwhelming in the United States. 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. Another reason lockers shouldn't be used is security. I think lockers are necessary to house and protect textbooks and school materials as well as personal belongings during a student's long day at school. Having backpacks in class would benefit both students and teachers. The weight of these bags cause children's backs to hurt by the end of the day and some end up with permanent damage. The child's age, The gender of the child and the gender of the staff searching the child, The rule or law that is believed to be broken. 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 . DCPS sent out a message to families asking students not to bring backpacks inside school buildings for student safety and security . The administrators should not be allowed to go through the lockers purchased by the students for a whole year. ), the vice-principal of a junior high school conducted a locker search of a 15-year-old student's locker after reports of drug use in the school. This reasonable suspicion . School personnel must often balance a student's right to privacy with a school's interest in protecting all students. Schools should be a fair and honest place. The administration or a designee may search all lockers or backpacks with reasonable . 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 . Some view locker searches as a violation of the rights of personhood. It is difficult to state beforehand whether or not a particular search is reasonable. ), property (backpack, purse, car, etc.) Backpacks or other belongings on a student's body may be searched if: Staff member has reason to think the student is breaking a school rule (a hunch). At the last North Island Secondary School dance, every bag, purse, backpack and jacket that went into the dance was checked. What Are Student Searches? 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. Lockers are school property; students are merely allowed to use them as they do with sports equipment, library books, school computers, etc. 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. Your school must give you notice that your locker is . In public schools, school officials are required to have "reasonable suspicion" in order to search students, while law enforcement officials are required to have "probable cause.". These school shooting and the findings of all these weapons makes parents wonder if their children really are safe at school anymore. Why they should be allowed to search the locker of a student is because of these three reasons: being able to search students' lockers creates a safer learning environment for students and teachers alike, lockers are school property. If your family has a history of drug or alcohol abuse it can lead to you . 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 . When I was in eighth grade, I was assigned a new locker, and the old student was still present in the school.
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