Reasonable Suspicion
Educational Law Research On Reasonable Suspicion In School Search And Seizure
According to Essex (2006), school officials and teachers need only Reasonable Suspicion to initiate a search. Reasonable Suspicion is information that is received from a teacher or student that is believed to be reliable. Probable cause involves law enforcement that must provide a warrant before the search begins (Essex, 2006).
Teachers and School Resource Officers have the right to search the purse or bag of a student without their permission based upon the "reasonable suspicion" that they have concealed an illegal substance on school property. In addition, students can be disciplined for other substances that are discovered during the search because the search was based upon Reasonable Suspicion under the Fourth Amendment. In 1985, the Supreme Court determined that the Fourth Amendment applied to students within public schools (New Jersey v. T.L.O., 1985). New Jersey v. T.L.O. found that the search of a purse of a high school student without permission that was caught smoking in the bathroom was reasonable under the Fourth Amendment (New Jersey v. T.L.O., 1985). In contrast, a recent Supreme Court decision involving a middle school student, Savana Redding, found that her rights were violated when she was strip searched at school after being accused of selling prescription ibuprofen pills. The ruling stated that the school officials went too far when they asked her to pull on her undergarments, exposing herself, and shake them out to potentially reveal any concealed drugs. But, the ruling upheld the actions of the school officials when they searched her book bag but that they went too far by asking her to remove garments for the search (Safford Unified School District v. April Redding, 08-479). In conclusion, students are entitled to both types of due process-procedural and substantive. With procedural due process, certain legal procedures must be followed. With substantive due process, the rights of students are protected with the school needing to prove a valid reason for a restriction (Essex, 2006). References Essex, N. L. (2006). A Teacher's Pocket Guide to School Law. Boston, MA: PearsonEducation, Inc. New Jersey v. T. L. O., 469 U.S. 325 (1985) Retrieved July 14, 2009 from
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=469&invol=325 Safford Unified School District v. April Redding, 08-479 Retrieved July 14, 2009 from
http://www.supremecourtus.gov/opinions/08pdf/08-479.pdf By brittanyj - I am a busy mom of two little boys...ages 1 & 2. One of my favorite hobbies is writing and this has been the perfect outlet to make extra money and write! I hold a Bachelor's Degree in Paralegal Studies an...
Can teachers search an entire class if...?
Can teachers search everyone in the classroom if a students possession(s) were stolen? As far as i know teachers and school officials can only search students if they have reasonable suspicion that that individual is breaking the rules. I remember reading on an ACLU website (I cant find the article but im looking) that if the teacher just has suspicion that someone in the room stole it but they do not have reasonable suspicion that YOU as an individual stole it they don't have the right to search you and under the 4th amendment you can refuse the search.
******PLEASE DO NOT TELL ME THAT STUDENTS HAVE NO RIGHTS IN SCHOOL (FYI THEY DO!)*****
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What is your opinion here New Alabama law unsettling for some undocumented immigrants?
(CNN) -- The ink had barely dried on the order signed by Judge Sharon Lovelace Blackburn, allowing most of Alabama's anti-illegal immigration law to go into effect, when fear settled into some in the state's Hispanic community.
"We are in panic mode," said Maria Morales, an illegal immigrant living in Montgomery.
The law known as HB56 is the strictest in the country, allowing police officers to ask about the legal status of people investigated for a crime, if reasonable suspicion exists, and detain them for immigration authorities.
"We cannot even go out and buy food," Said Perla Perez, who has lived in Alabama for the past five years without legal status.
The law also requires public schools to ask about the legal status of children born in foreign countries and that of their parents.
"I'm not afraid for myself," said Perez, who has two U.S.-born children. "If they want to deport me, that is fine. But then what would happen to my children? Who will take care of them?" she said.
The state said 1,171 Hispanic students were absent Wednesday, before official word of immigration law. On Friday, after word of the new law, there were 1,988 absences in Alabama, an increase of 817 students, the state said.
Tom Salter, spokesman for the Montgomery School District, said 200 children skipped school Thursday, the day the law went into effect. He said that number dropped to 100 Friday.
Salter said their English-as-a-second-language department has reached out to about 400 of the estimated 1,200 Hispanic children enrolled in the system to encourage them to continue going to school.
Larry Craven, the interim superintendent of the Alabama department of education, said in a news conference Friday that schools will comply with the law, checking the status of new students, but that nobody will be denied an education.
Morales said that like herself, her children are undocumented, and she is afraid of the consequences of sending them to school.
http://www.cnn.com/2011/10/03/justice/alabama-immigration-law-reaction/
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Is it possible for someone to prevent me from receiving mail at my residential address?
Recently I have not received any mail in my mailbox at my residence. I have discovered that several important items I was expecting to receive in the mail were unable to be delivered and were returned to the senders. I confirmed that those items were sent to the correct mailing address. If someone knows my name and mailing address, is there any way that person could sabotage my mail and prevent me from receiving mail in my mailbox? I know it may sound far-fetched, but I have reasonable suspicion that someone may be trying to do this. Can the US Postal Service help me with regard to this issue?
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What is Reasonable Suspicion?
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