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0 points

Although it CAN be a violation of the students privacy, but only if there is no actual reason for the search. Teachers and School officials need the right reason to do so. Another thing to keep in mind is that Lockers are the school's property, not the student's. For strip searching, a student has the right to decline any kind of search.

Outside of schools, the Fourth Amendment generally means that the police must have “probable cause” to search a suspect. As Justice David Souter recently summarized, that means police may only conduct a search if there is “a fair possibility or a substantial chance” a search will turn up evidence of a crime.Inside of schools, the Fourth Amendment has been interpreted differently. Ever since the Supreme Court’s 1985 decision in New Jersey v. T.L.O., school officials may search a student’s outer clothing.

In the USA schools do not have the right to strip search students, and in Quebec, it's the same so clearly the school got in trouble for that And the incident was not reoccurring.

1 point

Argument 1:

Searches in schools maintains and ensures the safety of students.

Evidence: A report made by two students to a school official that another student possesses a gun at school constitutes reasonable suspicion to search the student and his locker (In re Commonwealth v. Carey, 1990). The school official has reasonable suspicion, and meaning behind his search of the student and his locker. This search prevented potential dangers, and problems to occur, because the student might’ve used the gun to harm the others in the environment. Another example is, ‘An anonymous phone call advising an administrator that a student will be bringing drugs to school, coupled with the student's reputation as a drug dealer, creates reasonable suspicion to search the student's pockets and book bag’ (State of New Hampshire v. Drake, 1995). This suspicion caused them to make an unlawful search, on the student, to make sure they didn’t carry any drugs. The search made was reasonable; the principal receiving a phone call informing him that one of the students will be bringing in drugs.



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