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    Speak Up! - View Question #438


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    Question: What are teens' legal rights in school and off school grounds in Arizona?

    Answer: In general, teens have the same rights as adults. Those include the right of free speech and association, the right to be free from unreasonable searches and seizures, and the right to refuse to be questioned by the police in a criminal case.

    Some of those rights are restricted a bit when one is at school. For example, a school may impose limits on the type of article chosen for publication in a school-run newspaper. Schools may also limit the expression of offensive speech and can set up a dress code. School personnel or the police may not search a student, or a student's car / backpack / purse / locker without a legally sufficient reason or a search warrant. One example of a legally sufficient reason would be a report that a student was seen on the school grounds with contraband (drugs or a weapon) in the student's possession. If the school searches a locker and finds contraband, but a court finds the school didn't have a legal reason for the search, any criminal charges for that offense could be dismissed or the evidence suppressed (thrown out of court).

    Schools can set up rules and policies that outline the disciplinary system. For a school rule to be enforceable, it should be in the school's policy manual, and the school must distribute the manual to students. The best way to find out what your school's policies and rules are is to get a copy of the school's policy manual. You can request a copy from the administrative office at the school.


    Comments
    1 thru 5 of 11 comments    [ 1 ]  2   3    
    On 03/09/09
    JJ from AZ said:
    If an adult gets a warrent for a search then why don't minors. If we have the same rights then the police or school must have a warrent to search your personal property. Now schools can search their lockers but not your personal property.
    On 02/09/09
    ~~~~~~ from IL said:
    They shouldn't search our personal property!! It's a violation of privacy!!! ^_^
    On 04/07/04
    Michael from AZ said:
    I am doing a speech on this subject. It seems that people don't understand that just because one wants to stand up for their constitutional rights it automatically means they will start trouble. There is no reason school laws should trump the constitution.
    On 03/05/04
    A Mother from IA said:
    Unless you obey all the laws...you have no rights as a child. If you break the law the juvenile court system will strip you of all your rights and can even place you under house arrest or send you away without your parents permission. They can tell you who you can and cannot talk to while they are at it; which is a violation of your right to speach and association. They can drug test you at anytime without notice even at school. No phone, no internet, no friends over, no leaving the house without your Parents-where are your rights? The constitution does not REALLY apply to you under 18.
    On 03/03/04
    Brooke from LA said:
    as long as i have rights in the future i have no problem...
    1 thru 5 of 11 comments    [ 1 ]  2   3    



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