Written by olsonaplc-22aSchool: Sioux Central
The fourth amendment says that they can search your phone or other belongings as long as they have probable cause. The fourth amendment allows school to search it as long as it is on their property and could cause danger. The school should go to higher authorities if they believe they have a student that is engaged in drugs. I do think there is a difference between searching a backpack and searching a phone. You cant carry drugs on your phone but you can on your backpack. They should only be able to search if they have probable cause but I think the better option is to contact the higher authorities. Schools should probably have random drug tests for kids in sports or after school activities. If they test positive for drugs they shouldn’t be able to compete or participate in the after school activities. Schools should not have the right to look through a persons phone because it can not harm anyone. The phone its self cant cause harm only the people using it can. Their backpack can store things to hurt someone or to hurt them selves. They should be able to search backpacks for that reason. I think that if the school has probable cause that someone is doing drugs they shouldn’t deal with it. They should report it to authorities who have actually been taught how to handle the situation and do it on a daily basis. Schools and their administration were taught to teach kids and to make them prepared for the life ahead. The law is for policemen so when administration happens to hear about or see someone doing or selling drugs the should tell the person in charge there and they should contact the authorities. In the Safford Unified School District #1 v. Redding I think they went way over board on a girl having ibuprofen on her in school grounds. They didn’t need to go that far when ibuprofen is legal to have and the girl was only 13 years old. They did not need to strip search her for an ibuprofen tablet. I don’t necessarily think that random drug test follow the fourth amendment they don’t have probable cause to search people or test them for drugs. I don’t necessarily think its a bad idea but I can see where people would want to deny the test because of their rights. They shouldn’t have to get tested unless the person testing has a cause to do so. Student athletes should be tested for drugs in case they are using them in a way that could better their skills while playing that sport. They should be notified that if they are going to play the sport they are probably going to get tested and that if they don’t want to be tested they shouldn’t try out for the sport. So I think that the fourth amendment does allow schools to look at your phone under certain circumstances. There is also a fine line as to what circumstances are just and which ones aren’t.