School searches violate student rights
By Rayan Tilmatine,
BlueDevilHUB.com Editor-
The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
The Twelfth Amendment to the U.S. Constitution guarantees that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”
Do the same laws apply students on school campus, though?
This debate is solely on privacy and to what extent can the school invade the student’s private life. This topic became a real issue in the 1980 Supreme Court trial New Jersey v. T.L.O.
The court case addressed the constitutionality of a search at a public high school for contraband after she was caught smoking. Drug paraphernalia, marijuana and documentation of drug sales were found in her purse.
She was then charged as a juvenile for drugs and paraphernalia found in the search. She fought against the ruling, saying the search violated her Fourth Amendment rights. The Supreme Court ruled 6-3 in favor that the search was lawful under the Fourth Amendment.
Searching of bags is in some way, an interest to everyone. Searches reduce drugs and weapons on school campus, which provides ultimate safety to all students. The idea of a possible search also forces students to think twice about bringing weapons or drugs onto campus.
Although there is a fair argument to search bags on school grounds, searches must be done only when there is probable cause. Students should not be considered criminal suspects until there is evidence that suggests so. Yet, it seems that schools often lack probable cause when it comes to their safety searches.
An easy alternative to a search is the use of metal detectors. This ends the debate of probable cause as everyone can be checked rather than singling out an individual and searching their belongings. Singling out students publicly announces them of committing a crime. No matter if they are proven guilty or not, the bond between students and school staff will be gone.
School searches are an invasion of privacy. Students should only be searched if they have a bad school record or there is a suspicion that gives probable cause. Lots of times it seems that searches are a way for staff to gain power over the student body. It is important to impose some sort of frigiht among students to restrict them from bringing anything illegal, but it has to be the right balance.
