Jim Robinson is a tenth-grade teacher. While walking down the hall, he spotted a suspicious object protruding from a student's pocket. He asked the student to empty his pocket, but the student refused.
1. Does the teacher have grounds to make such a request?
2. Does the student have a right to refuse to obey the teacher's request?
3. Should physical force be used to identify the object?
4. Would such a search using physical force be legal?
5. What guidelines would you suggest school personnel follow in matters involving student search in situations such as this one?
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Test reply.
ReplyDeleteLaura
ReplyDelete1. If the protruding item poses a serious threat to the student or other students in the school, the teacher has the right to make the request according to the Fourth Amendment.
ReplyDelete2. The student does not have the right to refuse if the item could harm him or others.
3. If necessary a pat down could be used in order to remove the suspicious item. This must be conducted by school personnel of the same gender in a private location.
4. If the student showed signs that he was going to use the item to cause harm to him or others, I believe that physical means could be used for the safety of all.
5. Assure that it is a reasonable search and not just a gut reaction. Is the child breaking a state law or a school rule? Make sure that all of the appropriate personnel are involved and the rights of the child are not being violated.
1.I agree if the item poses a serious threat then the administrator has the right to inquire further about the object.
ReplyDelete2.The student still maintains his fourth amendment right to be secure in his person and refuse the administrator’s request.
3.Only if the administrator has reasonable suspicion to believe that the student is in violation of the school’s policies.
4.Again the administrator would need reasonable suspicion to lead him to believe that a serious infraction has been or about to be committed.
5.I agree, actions, circumstances/evidence leading up to the search would need to be reasonable and not just a hunch.
1. I agree with Laura. It is the administrators's responsible to ensure the safety of all the students. If there is a possible threat to the safety of the students the administrator has the right and the obligation to search the student.
ReplyDelete2. The student does not have the right to refuse since the search would be considered reasonable.
3. A "pat down" search could be justified and should be done in a private setting with someone of the same gender.
4. In order to use physical force the administrator must believe that the item would cause harm to others.
5. As Laura stated, the search must be reasonable and you believe that something contrary to the school rules or significantly detrimental to the school or the students.
Kevin