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4th Amendment Essay

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In the United States, the 4th amendment bill prohibits unreasonable seizures and searches from the citizens. In this case, a person can only be searched after the searching police issue him or her with a search warrant (Wetterer 2). The application of the 4th amendment when it comes to school bullying has been an issue. Under the New Jersey v. T.L.O, for example, the school heads are not supposed to strictly adhere to this rule. In this case, the teachers are not supposed to acquire a warrant so that they can search their students. Instead of subjecting the school administrators to search their students only after acquiring the search warrant, the supreme court set a new standard where a search is reasonable if it’s justified at its inception and its reasonable at its scope (Goodno 23). The intent of this paper is to examine how the 4thamendment relates to cyber bullying in the United States. Schoolyard bullying has been in existence for many years. According to Willard (9), school bullying has resulted in adverse effects on children that include physical, emotional and psychological. Unlike in the past where bullies used to conduct face …show more content…

Des Moines (1969), the Supreme Court argued that student does not leave their 1st amendment after leaving school. In cases where the bullying occurred in the school compound, the school’s authorities have a right to trump over the student’s constitutional rights. Many people ask what the cause of action is when the bullying occurs outside the school gate. Using the first amendment, teachers have no say if the students bully others outside school. In these cases, the school administrators seem to have a limited say. In J.C. v. Beverley Hills Unified School District case, the court argued that the school administrators had ability and a duty to regulate a posted video even when posted outside school. In this case, the court argued that off-campus activities have a chance of affecting happenings within the

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963 Words | 4 Pages

New Jersey vs. T.L.O a case that came to court in 1985, a teacher from the Piscataway, New Jersey high school found two girls in a bathroom smoking. The teacher decided to take the two girls to the principal's office. The two girls knew each other from school. Since T.L.O did not admit to smoking, the principal demanded to see her purse and what was inside of it.

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782 Words | 4 Pages

Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults? , What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident.

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962 Words | 4 Pages

The 4th amendment states, “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.” In the context of the 4th amendment, a search is considered or happens, “when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.” (Ryan) An example of a search under the 4th amendment is forms of searches such as stip searches or visual body searches but they have to be supported by a probable cause and be conducted in a reasonable matter. A seizure of an individual under the 4th amendment means or happens , “when the police's conduct would communicate to a reasonable person, taking into account the circumstances surrounding the encounter, that the person is not free to ignore the police presence and leave at his will.”

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743 Words | 3 Pages

Students do lose some of their rights when in school that adults have because they are not old enough to make their own decisions (LII). The Tinker v. Des Moines Independent Community School District Supreme Court case further defined students’ rights in school. It could also be argued that the court’s ruling limited students’ rights because any type of clothing could be considered disruptive to the learning environment (Puzan). The Tinker Test can still be used to determine whether a student is permitted to express their opinions, but the amount of freedom for students’ First Amendment rights has been reduced since this ruling.

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941 Words | 4 Pages

Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the

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326 Words | 2 Pages

One of the few things that needs recognition is the Declaration of Independence and our 14th Amendment. After earning our independence, slavery and segregation occurred. For almost a century, whites treated African Americans unfairly until the 13th Amendment passed, the amendment to abolish slavery. Our whole country was in chaos for many years due to unfairness and racism. We all wouldn’t be have our rights today if it wasn’t for the 14th Amendment.

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500 Words | 2 Pages

In another example, a Judge wrote, regarding a student who was bullied for years about his weight, that if the charges were proved liability would be placed upon the students involved and the school system. Finally, Darden explains the tragic social media bullying of a 12-year-old, who committed suicide. He reported that Justice Outreach, a legal advocacy group are working to hold parents criminally responsible for their child’s cyberbullying. Edwin Darden concluded that school districts are trying to find solutions for this problem, but in the end the main point is “school officials must be relentless in preventing bullying beforehand as well as responding decisively” (Darden, 2015), as courts should not be the solution to an “on-the-ground problem” (Darden,

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445 Words | 2 Pages

How would one feel if one was convicted for a crime without a jury, or even being put on trial twice for the same crime? These two situations canhappen through a bill of attainder and the ex post facto laws. Bill of attainder is basically being convicted of a crime without a jury while ex post facto being put on jury twice. Although the bill of attainder and the ex post facto laws exist, there are also laws in the bill of rights that say that these things are illegal. The sixth and fifth amendment in the bill of rightsstate that a person has theright to only be convicted once and to have a jury trial.

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1413 Words | 6 Pages

One of the most important main and lasting articles in American constitutional history is the 14th Amendment to the United States Constitution. The improvement, which was authorized in 1868 back when the Civil War and the annulling of bondage, was established to guarantee that all population rights were considered somewhat under the society and that their rights would not be defiled for one's management. The 14th Amendment has been quoted in various meaningful Supreme Court cases throughout the past, containing Obergefell v. Hodges and Brown v. Board of Education. It has existed while working to annul prejudicial societies, maintain the rights of marginalized groups, and guarantee that all have a right to endure an equal situation

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533 Words | 3 Pages

There are many rights that American students are free to enjoy. One of them being the fourth amendment. The fourth amendment guards against unreasonable searches and seizures. This right is commonly questioned by many. There are many instances that people have brought into courts as prestigious as the Supreme Court.

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2154 Words | 9 Pages

Together with the other cases being filed with the Supreme Court from Kentucky, Ohio, and Tennessee, Americans could be looking at the first major change to the U.S. Constitution since the 27th Amendment, which Congress passed in 1992 to address salaries for members of Congress. Blogger, Richard Morgan, was quoted as saying, “Even counting from the Twenty-Seventh, for the first time since 1913 (when Congress passed two amendments), it will soon be possible for someone to enter law school having lived his or her entire life under a static Constitution (newrepublic.com, ” This amendment was proposed as part of the Bill of Rights back when America was still a budding nation. It was written and proposed by James Madison, Jr., who has always been one of my favorite historical figures. He was one of the most influential delegates of the 50 in attendance at the 1776 Continental Congress, one of the framers (not signers) of the U.S. Constitution, co-author of the propaganda machine called the Anti-Federalist papers as part of the Democratic-Republican Party (which later developed into the modern day Democratic franchise), and 4th President of the United States (whitehouse.gov,

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1129 Words | 5 Pages

In the law everyone is protected to have a “reasonable expectation of privacy” which makes it so high authority can’t search the person when or wherever they wish too. Over the years the fourth amendment has been looked at but not overly looked into. The fourth amendment in school has been tried many times over the years. School privacy has many different ways they go about it, but the most common for courts to decides it whether it was a reasonable search and seizure or an unreasonable search and seizure. “To make successful claims for protection under the Fourth Amendment for nonphysical invasion, individual must have genuine beliefs not only that they have expectations of privacy but also that these expectations are reasonable in the

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451 Words | 2 Pages

Yes, school authorities should be aloud to search private technology for the cyberbullying that interrupts school, or puts a kid’s life in danger. For example, school authorities should be able to search personal devices to protect someone 's life. Joseph Maneen says “schools should have the right to punish students for online activity because doing so might save lives.”

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666 Words | 3 Pages

Theme: This article examines teachers' and school administrators' ethical dilemma between balancing students' safety from bullying outside of school, such as through cyberspace, without violating any civil rights. Dilemma: The stakeholder described in this article would be everyone involved with the schools, such as the teachers, school administrators, parents, and students. All of the decisions made by school administrators and teachers affect the students in some aspect or another.

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These guidelines demonstrated by a school district in Kentucky are describing what a bullying/cyberbullying violation consists of in that area. Also as technology progresses, both local and nation-wide anti-bullying strategies and laws must remain consistently upgrading at parallel rates. Many issues and concerns faced by federal and state governments regarding

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