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The Importance Of The Fourth Amendment In Schools

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differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee 's person" (Garner, 2010, p. 5).
Plan: Development, Plan: Communication (how does this case and precedent cases affect students, community, policy, etc.?
The Fourth Amendment to the constitution is an unique law that protects United States citizens from unreasonable searches and seizures. The Fourth Amendment protects the citizen against the State, which is an important, delicate, and highly unrestricted function (Garner, 2010). The State v. Polk-Ohio-28 case, New Jersey vs. T.L.O. case, Cornfield v. Consolidated High School District No. 230 case, and Safford Unified School District v. Redding case affects students by means of having the right to be free from unreasonable searches. The Fourth Amendment right is diminished in the school environment, however, because of the unique need to maintain a safe atmosphere where …show more content…

It is essential for schools to ensure rules and amendments are concisely communicated to staff, parents, and students; ensure consistency and be unbiased with all students; ensure school officials rightly stress their concern about violence, drug use, and other criminal behavior among the student population and implement positive strategies with students to help them make better choices in life. In addition, the Fourth Amendment plays a major role in the community. It is importance for schools to develop a relationship with local businesses and community leaders; because school aged students are our future community leaders. It is also important for the schools to collaborate with community leaders such as federal agencies and universities to develop and implement programs, which address violence and other criminal behavior in schools as a prevention

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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.

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According to a United States Supreme Court ruling, public schools have the ability to restrict students’ First Amendment rights. This became true in the Tinker v. Des Moines Independent Community School District Supreme Court case when Mary Beth Tinker, John Tinker, and Christopher Eckhart wore black arm bands to protest the Vietnam War. In order to understand Tinker v. Des Moines Supreme Court case one must establish the history, examine the case, and explain the impacts. During time of war in the 1960’s a case from a small town, Des Moines, Iowa, made its way to the highest court of the land, the Supreme Court.

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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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"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". The 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people

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The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.

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The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.

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The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

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Would you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials

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The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. What the First Amendment allows American citizens is the freedom to practice their religion, freedom of speech, freedom of the press, freedom of assembly, and the freedom of the right to petition. America does not have a state-wide, announced religion but the early colonists were mainly protestant, therefore, Christianity continued through each generation until now. Christian practices are accepted as the norm in the United States whether

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The First Amendment in a School Setting The first amendment is a constitutional right inherited by every American citizen, but how far is it truly reaching? At school, it has always been a wonder to me about the rights we students have amongst our peers. While some students use the first amendment inappropriately at school, a student has the right to voice their opinion under the protection of the first amendment. This is because, as decided by the Supreme Court, students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” (Oyez, 1) therefore giving us this, some-what, shield of protection.

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In addition, the law enforcement only needs to be “supported by a probable cause” or an “arrest warrant,” to search a United States citizen. Although, the police officer could arrest a suspect to stop them from running away or to preserve evidence. Besides the Fourth Amendment is still beneficial for all United States

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