A public school policy of randomly drug testing student athletes in the face of a school-wide drug problem does not constitute an unreasonable search and seizure in violation of the Fourth Amendment.Tags: Advantages Of Science In Our Daily Life EssayDissertation HintsEssays On LiesProportion Problem SolvingCover Letter For Area Sales Manager PositionBusiness Planning Templates Free
After trying a number of informational and disciplinary efforts to curb the student drug problem, the school district ultimately created the Student Athlete Drug Policy.
The school district invited input from the district’s parents in formulating the policy.
Thus, the search violated the Fourth Amendment and the evidence should be suppressed. It in no way provides legal advice or guidance on this or other issues. 643 (1961), the Court held that the Fourth Amendment’s prohibition on unreasonable searches and seizures was applicable to States. Supreme Court had the authority to decide whether the actions of the school administrator in T. The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government.
Due to the fact that the administrator knew that cigarette rolling paper is used to smoke marijuana he now suspected T. Justice Stevens concluded that the search was not justified at its inception because the school administrator had no reason to believe that T. O.’s purse contained evidence of criminal activity or a violation of school rules at the time that he searched it. This activity is not meant to provide a legal analysis of this case or any related matters. In that case, this court would not purport to be applying the Fourth Amendment when they invalidate a search.” What Does the Fourth Amendment Mean?
Her lawyer argued that the search of her purse was a violation of the Fourth Amendment. “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.” Lower Court 1: Juvenile and Domestic Relations Court of Middlesex County, N. Lower Court 1 Ruling: The Fourth Amendment applies to searches carried out by school officials, but a school official may conduct a search of a student’s person under certain circumstances. was found delinquent and sentenced to probation for one year. had knowingly and voluntarily waived her Fifth Amendment right against self-incrimination before confessing. in a lie did not justify rummaging through her purse. The Court did not address the issue of whether unlawfully seized evidence should be suppressed in a juvenile delinquency hearing.
O.’s motion to suppress (keep out) her confession and the evidence from the search. After a lengthy appeal process in the New Jersey state court system, the U. Supreme Court of the United States agreed to hear the case.
The Court also held that students have some legitimate expectation of privacy at school. had been smoking in violation of school rules constituted reasonable suspicion that cigarettes were in her purse (a fact that would be relevant to the smoking accusation). possessed marijuana, and this justified the further search of her purse.
Thus, the Fourth Amendment applies to their actions.
and another student smoking cigarettes in the girls’ restroom in the school building in violation of school rules. Incorporation of the Fourth Amendment In several cases, the U. Supreme Court has incorporated various provisions of the Fourth Amendment, and related judicial rulings, to the states.
Disclaimer (Please Note): This activity is meant to help high school students understand, as part of their civics education, the key facts and holdings of a well-known U. The Fourteenth Amendment The provisions of the first Ten Amendments to the Constitution, i.e., the Bill of Rights (1791), originally were applicable only to the federal government, and not to state governments. It says, in relevant part, “[N]or shall any state deprive any person of life, liberty, or property, without due process of law.” In a series of cases starting in 1925, the U. Supreme Court interpreted the 14th Amendment as “incorporating” (applying) most but not all of the provisions of the Bill of Rights to the states. Also applicable to the states was the exclusionary rule (a remedy by which evidence seized in violation of the Fourth Amendment is inadmissible in court). Find cases that help define what the Fourth Amendment means.