Search And Sezuire Powerpoint

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Search And Sezuire Powerpoint

  1. The School Edition
  2. <ul><li>The right of the people to be secure IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, against UNREASONABLE SEARCHES AND SEIZURES , shall not be violated; and no WARRANTS shall issue, but upon PROBABLE CAUSE , supported by oath or affirmation, and PARTICULARLY DESCRIBING the place to be searched, and the persons or things to be seized </li></ul>
  3. In words we can better understand <ul><li>Your Right to Personal space and privacy </li></ul>Its all about the people Sweet
  4. Why is the Fourth Amendment so important? <ul><li>As citizens of the U n i t e d S t a t e s we have the right to privacy </li></ul><ul><li>Because without the Fourth Amendment government would have too much power </li></ul>And that is not what our democracy is about
  5. For a search to be reasonable… <ul><li>Police officer must have Probable cause or a warrant </li></ul><ul><li>More than a hunch but less than the burden of truth </li></ul>Experience in the police officer offers some lenience
  6. For a search to be unreasonable… <ul><li>Searching with neither probable cause NOR a warrant </li></ul><ul><li>Searching with no suspicion </li></ul><ul><li>No discrimination </li></ul><ul><li>Can police profile ? </li></ul>GHETTO HIPPIE Rebellious teenager
  7. Who determines what is reasonable and unreasonable? Reasonable Unreasonable
  8. Searches in public schools <ul><li> Random searches can be conducted by public school officials because they act a representatives of the state </li></ul><ul><li>A warrant requirement is not necessary </li></ul>Its all about Safety the of the children A search is reasonable if there is a possibility that the search will find evidence that the student has violated or is violating the law or the rules of the school
  9. EXAMPLES <ul><li>Purses and book bags: The school official believes that with reasonable suspicion purses and book bags searches can be considered constitutional </li></ul><ul><li>Lockers: Courts have mostly upheld locker searches </li></ul><ul><li>Body Searches: Pat down body searches in schools are considered acceptable But strip searches are not allowed </li></ul><ul><li>Canine Searches: Acceptable because canines explore what is in “plain smell” </li></ul>
  10. Drug Tests <ul><li>Students involved in any extra-curricular activity may undergo random drug tests </li></ul>Athlete's are the leader of drugs culture. It is all about the health of the student
  11. Searches in private schools <ul><li>Private school students have NO constitutional protection against unreasonable search and seizures </li></ul>May search room, purse, book bag, and locker with no suspicion
  12. ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

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