Have you ever took a drug test and felt like you had to give up your privacy as a citizen? James Acton did in the court case " Acton v. Vernonia School District". After reviewing the case I 've come to the decision to agree with the school district and believe that the government interest in keeping the students safe from drug use weighs more than this seventh graders privacy. “It has been 35 years since Ronald Reagan’s first inaugural speech as President — the one in which he said, “In this present crisis, government is not the solution to our problem; government is the problem.”” (http://centeroncongress.org/) When presidant Reagan said this, not only do I agree with this but i also believe this is why there is limited government. If there wasn 't limited …show more content…
The test that the Supreme Court uses to determine if individual rights and the common good is balanced in the case of " Acton v. Vernonia School District" is whether the government outweighs the privacy of the the person or vice versa. The time is during school so between the hours of seven am to eight pm if you count different extracurricular activities. The place is on any government ground which at all times, school is government property. If there is any threat on government property that involves a student 's learning and could be potentially hindering it, the government interest starts to become more heavy than privacy. An unreasonable search and seizure would be for example if a school facility member overheard some students talking about a person, let 's say this person 's name is Susan. The teacher overheard some students say Susan has ibuprofen on her. Now if the facility member went up to Susan and proceeded to strip search her after she tells them she doesn 't have any, this would violate her right to privacy. With it only being ibuprofen the right to her privacy weigh more than the government interest. So when the school strip searched her, they violated her privacy which goes against the
Case Name, Citation, Year Safford Unified School Dist. #1 v. Redding 557 U.S. 364 (2009) Facts of the Case Redding was an eighth grade student, who was suspected of having over the counter drugs on school grounds. Over the counter drugs on school grounds is a violation of school policy.
Peter Crumans 4th amendments were not violated when he was compelled to show his Facebook page. School officials were trying to protect the wellbeing of their students, therefore trying to get to the bottom of what this tip was about and needed to search the suspected student who after a little persistence began to cooperate. Principal Lyons received an anonymous tip that Peter Curman had posted that he would be conducting a few sales of illegal drugs on school property giving him reasonable suspicion to search the student. In the case of New Jersey vs. T.L.O school officials were able to search a student due to reasonable suspicion for violations on school property, therefore giving principal Lyons justification because he not only received
This case is freedom vs order argument. They say that the vice-principal had the constitutional right to search the bag, he had reasonable suspicion and that is the magic word that gives students expectation of privacy while balancing it with law and order of the school. The court goes on to say that he’s further not violating the constitution because once he saw the evidence, it was in plain view and theirs a plain view doctrine which is another exception to the fourth amendment which
“The Fourth Amendment says that you have an expectation of privacy in your home and person (body). The government cannot search you, your home, or belongings without a good reason.” (Background Essay). But, through the years the government has invaded the protection the Fourth Amendment has given to society. For example, “Federal agents put a bug- a device that allowed them to listen to the conversations” (Doc A).
In this small country a terrorist attack may happen at any time and in any place. Therefore, when entering a shopping mall, hospital, or school, the security guard asks to search the contents of your bag. We have never thought that it was an encroachment on our freedom or invasion of privacy because in these circumstances it was necessary for our protection. Obviously, a government has to protect the lives of its citizens. Nowadays, many people in the United States spend too much time discussing the balance between security and liberty.
Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
To begin, we need to understand the fourth amendment. The fourth amendment was created to prevent the government from breaching into our homes and convicting us of crimes based on evidence they discover within our homes. It was vital to state unreasonable searches in the constitution, and an unreasonable search is a search done without
Searches have generally always required warrants, but over time the Court created exceptions. These exceptions have broken down the broad distinction created that was originally created by “reasonableness.” Two categorical exceptions were created by essentially balancing public and private interests: “special needs” and “totality of the circumstances.” Special needs cases arise when there is some great public need other than ordinary criminal detection present.
Decades ago, children of various races could not go to school together in many locations of the United States. School districts could segregate students, legally, into different schools according to the color of their skin. The law said these separate schools had to be equal. Many schools for children that possessed color were of lesser quality than the schools for white students. To have separate schools for the black and white children became a basic rule in southern society.
The constitutional issue I am analyzing is the violation of the fourth amendment. There have been many cases of people’s fourth amendment rights being violated, some times it is justified and other times it was violated unreasonably. It is very important that our fourth amendment rights are protected and US citizens private lives aren't being infringed upon and unreasonably searched. In the past recent years there have been Supreme court cases that involve the violation of the fourth amendment.
Originating Issue: In the cases of Tinker v. Des Moines Independent Community School Dist. (SCOTUS February 24, 1969), students wore black armbands to school to display their disgust for the Vietnam War. Their efforts were to support the Christmas Truce called for by Senator Robert Kennedy. The principal of the school got wind of the efforts and attempted to put a policy in place about the armbands.
Again, all students claimed their rights to the due process clause of the 14th amendment were violated. The major purpose of the due process clause is for a person to be heard. It basically gives a person the chance to defend accusations that are being made against them. It clearly states that students must be given some type of prior notice, and they must be given some type of arena to hear and defend those accusations.
From the website, Encyclopedia Britannica article Board of Education of the Hendrick Hudson Central School District v. Rowley, I found that the court case Board of Education vs. Rowley is about a deaf student named Amy Rowley who lived in New York and attended a public school. Her parents approached the administration in the school at the beginning of Rowley kindergarten year explaining that their daughter would need an aid to sign to her while the teacher was teaching. The school granted their request for a two-week period but determined that the interpreter was not necessary. A new IEP was written for her explaining that she would use hearing aids and her ability to read lips to learn in a regular classroom. In addition, she would have
The balance between national security and the rights of American citizens was forged in 1791 with The Fourth Amendment. This was implemented to enforce the notion that “each man’s home is his castle” and to protect “the people” from warrantless searches and seizures
Student attending NorthSide ISD are being treated cruelly; the school utilize their IDs to track them like a pack of cattle. According to the Fourth Amendment, this right is suppose to be protected by the constitution. It is utterly unlawful