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    Speak Up! - View Question #419


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    Question: Can a school official search your backpack without permission?

    Answer: The short answer is not unless the official has a 'reasonable suspicion' that something wrong has occurred and that evidence of the wrong will be found in the backpack.

    The Fourth Amendment to the United States Constitution states that people have a right to be secure against unreasonable searches of themselves and their belongings.

    The United States Supreme Court has decided that the Fourth Amendment applies to schools and that a search must meet the following requirements:

    1. The motivation for the search must be reasonable in light of the information that the school official obtained that made him or her think a search was necessary; and

    2. The measures adopted for the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

    A 'reasonable suspicion' is a belief or opinion based on the facts or circumstances. So if a school official has a reasonable suspicion that some wrong doing has occurred and that evidence of that may be found in your backpack, that official can probably search your backpack without your permission


    Comments
    1 thru 5 of 53 comments    [ 1 ]  2   3   4   5  ...   
    On 02/17/09
    Jfocod from MO said:
    What if you have a headake medicine and you get cought its not your falut you get migrains you shuldnt get suspended for that
    On 03/20/08
    Jen from AZ said:
    i don't think they should be allowed 2 search unless they think u might have something threatening in the bag. Or something in that matter, cuz u could get busted for having a pill or something in the bag & its not a drug.
    On 01/15/08
    from CA said:
    what if my school does random searches on a class that they want to for no reason? After they are done searching the students, the school security gives us a paper for our parents to sign telling them that they searched us, can they do that?
    On 01/14/08
    Justin from WA said:
    it this true
    On 10/10/07
    Mauree from CA said:
    today i was suspened for lying the vice Principal suspeneds me for lying he searches my babckpac
    1 thru 5 of 53 comments    [ 1 ]  2   3   4   5  ...   



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