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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
    16 thru 20 of 53 comments     1   2   3  [ 4 ]  5  ...   
    On 04/27/04
    Shabaz from IL said:
    Actually, due to a little term called In Loco Parentis, teachers and administrators act as parents in the school, and can search you at any time for anything.
    On 03/29/04
    Tiffany Archer from CA said:
    no you think ............. well no duh its unconstitutional its so against the law they have no right whatsoever to search our backpacks without reasonable suspicion
    On 03/04/04
    michael from AZ said:
    If they try it again, and can't give you a reason why they are searching you, then refuse the search and tell them you won't say one other word till your parents are their. If you keep your mouth shut and just refuse till your parents are their to make sure you don't get in trouble, you'll be fine.
    On 02/13/04
    Raven from SC said:
    I was searched when they didn't have resanable suspision.
    On 01/23/04
    Billy Bob from HI said:
    I go to carroll county high and t suxs really bad
    16 thru 20 of 53 comments     1   2   3  [ 4 ]  5  ...   



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