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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
    6 thru 10 of 53 comments     1  [ 2 ]  3   4   5  ...   
    On 09/26/07
    Johnny from CA said:
    Yo this really helps in a way but I'm thinking over here, what if the official has no reason but does it. Can I sew him or something.
    On 08/30/07
    kristi from AZ said:
    haha i think i know that london from AZ! :) i think its an invasion of privacy... but... if its for our safety than yeah...
    On 08/21/07
    london from AZ said:
    whats the point... i know cops or whoever want to keep people safe, but they can't hunt you down like a mad dog or something!!!!
    On 08/17/07
    James from WA said:
    At my school if they even think that someone has a cell phone on them (even if its off and in their backpack the whole time) they search the entire class and take about thirty minutes out of class.
    On 05/26/06
    Dalia from MN said:
    Its not fair if school officals take advantage of student rights. Students should at least get to know about this. If school officals can search backpacks without permission, kids should be allowed to know. And kids have the right to have certain things in their binder.
    6 thru 10 of 53 comments     1  [ 2 ]  3   4   5  ...   



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