Violation of the 4th amendment; searches & seizure, among teens in schools.?

E D

It's been decided that searching your listed items at the above listed events is NOT a violation of the 4th Amendment. This is because failure to comply does not result in incarceration or an indictment. The search is merely akin to the "cost of admitance."

choose not be searched or submit to testing, then you are not punished....you simply cannot enter the premises or participate in the sport. As far as the lockers are concerned, they are not your property and therefore do not provide you any right to privacy.

Sorry for the lawyer speak....but it is what it is.

Tony S

At the risk of stating the obvious, bags and purses are checked at school dances for the safety and security of those who attend them. Not everyone who goes to a school dance may have the best of intentions.

Athletes are randomly drug tested for several reasons. One being that many schools have policies against using performance enhancing drugs and prior to being able to participate in any sport athletes typically sign a waiver and consent form agreeing to abide by school polices regarding the use and tests for drugs.

Can a school search a students locker? Well, that would be a gray area. On the one hand, the school can argue that the lockers belong to the school and are considered school property. On the flipside of the coin, students can aargue that since they use the locker that they have a reasonable expectation of privacy and that school officials cannot search their lockers without consent. Another argument that the school can make is that since the students aren't 18 years old they aren't legally adults and aren't afforded the same constitutional rights as adults. In the end its really up tot he school.

Mr Placid

First one: Same reason bags are searched before you board a plane. It's essentially "consent." As a condition of entering the dance, you agree to have your bags inspected. No 4th amendment violation.

Second one: By being a member of the extracurricular team, you agree to a lesser amount of privacy, including the possibility of drug tests. In fact, student athletes likely sign some form to this effect. Again, it's essentially "consent." No 4th amendment violation.

Locker searches may violate the 4th amendment. It depends on whether a student has a reasonable expectation of privacy in the locker. For instance, courts may find an expectation of privacy if the school policy manual states that lockers are private and will be searched only if an administrator believes a locker contains contraband. On the other hand, if the school policy says that lockers are school property, are not private, and the principal and staff keep a master key to all the lockers, then there is no expectation of privacy, and the lockers may be searched at anytime for any reason.

simplydelicious

You have NO 4th amendment rights on a school campus'
School kids DIE because someone brought a gun and they did not find it.
You want rights at school.....do HOMESCHOOL you won't have to worry about drug tests.(Kids od on drugs)
And yes they do random locker checks all the time.they use drug dogs from the pd.

Vincent O

The Supreme Court ruled that the police can't search a locker but school officials can. If anything illegal is found then the police get involved.

Lucky

Teens are always up to something.

Smart .

The 4th amendment is pointless because alot of students\teen'd would hate random drug test's, & searches . I think it should violate it . Don't agree ? Fine .

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