RSS   Twitter   Sign inLogin or Sign-up

User Posts

School: Sioux Central

Class: Olson:APLC
Grade: 11th

Individual Rights Blog

Written by olsonaplc-53

School: Sioux Central
Class: Olson:APLC
Grade: 11th

Does the Fourth Amendment of the United States Constitution permit schools to search a student’s phone (iPod, Android, Blackberry, etc.) if they suspect the student was communicating with another student about selling drugs?

~Is there a difference between searching a student’s backpack, and searching a student’s phone?~

Searching a person’s phone and searching a person’s backpack are two totally different things. A backpack is used for school supplies and things you would need during a school day. A phone is a personal connection to other people that doesn’t have anything to do with school. A phone allows us to communicate about and with out of school people and things. What is on phones is personal.

Hypothetically speaking, if a school let every single person in a school have a phone and it was the schools phone then that is a whole different issue. Just like the school owns our school laptops hypothetically if the school gave everyone a phone then they would have the right to take it, search it, and do just about anything with it because of the fact that it belongs to the school. A backpack should only have school stuff in it. It shouldn’t have anything worth being suspicious over because that isn’t the function of a backpack.

The fourth amendment states; “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.” I’m going to break this down a little so its understandable. “The right of the people to be secure in their persons, houses, papers, and effects.” This means that people have the right for anything they own or use to be secure to them. “Against unreasonable searches and seizures, shall not be violated.” This means that someone can’t just search your house, possessions, or anything that you own without a reason. “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.” This just says that no one can make up an issue for a warrant without probable cause, or a good reason. For someone to get a warrant they have to state the reason they need it, why they need it, what they are going to use it for, and where are they going to use it.

The fourth amendment does not permit schools to search a students phone. They could tell the student who is suspected parents. But they don’t have the right to just take someones personal belonging and search through it. Phones aren’t relevant to schools unless hypothetically the school issued out a phone for each student to use. Peoples right and lives shouldn’t be violated by the school because the fourth amendment doesn’t permit schools to search someone’s personal belongings.

BRI

This post has been awarded the
Bill of Rights Institute Badge (300 points)

Harlan Institute Feedback: Excellent post!


Justice Badge

Written by olsonaplc-53

School: Sioux Central
Class: Olson:APLC
Grade: 11th

To give someone absolute immunity allows prosecutors to say and do things in front of a judge or grand jury without being allowed to be sued as longs as they are fulfilling their duty as the government’s representative in court. If you were to take this away from police officers there would be tons of cases coming to court that wouldn’t be necessary to be taken that far. While there would also be cases that would need to be looked into before they are just brushed aside like it is nothing. This makes me wonder how many people have gotten off the hook because their case didn’t look like it was a big deal, who has gotten away with murder. Everyone should have a right to take their claims to court but not everyones claim is even worth it. It isn’t fair that we over look one thing but make such a big deal out of another.

justice

This post has been awarded the
The Justice Badge (50 points)

Harlan Institute Feedback: Congratulations on winning the Justice Badge!


Medical Professionals Blog

Written by olsonaplc-53

School: Sioux Central
Class: Olson:APLC
Grade: 11th

The jails give strip searches so they can make sure the jails will be a safe place for all of the prisoners. If the people doing these strip searches don’t know what they are looking for exactly how is this helping the safety of the jails. The people who are doing these should be given some schooling or education dealing with identifying things to look for. If these people doing these searches don’t know what they are doing what gives them the right to do this then I have the right to strip search someone. Jails need to have rules to make sure people are safe but how can someone unqualified be able to preform this task. Either get people who know what they are doing and looking for doing this task or you don’t even have the right or need to do this. It should be a requirement that the person doing these searches have knowledge about it or just get medical professionals in there so you get the job done right.

patient-care

This post has been awarded the
Patient Care Badge (50 points)