...West Fargo Public Schools School Board, I am writing to you today about the important controversy between many people about weather drug dogs should be allowed to randomly and suddenly search schools, both inside and outside. Some people think that having drug dogs search schools randomly and occasionally is a good idea. I can see where they are coming from, but in my opinion, I don’t think that it is necessary to have drug searches at schools. I am going to be discussing when the appropriate time and circumstances where drug searches should be held, and how it can affect the school district all together. First, I believe that if the drugs aren’t physically in the school or being carried around by people in the school nobody should...
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...Seizure Search and seizures are highly debated topics in the United States. Stop and frisk, automobile searches and border searches all fall within the guidelines of the Fourth Amendment. Discussed in this paper will be what reasonable searches, seizures and arrests are and how they are applied. Also to be discussed is whether probable cause is needed during warrantless searches and how the right to privacy is weighed. Finally, this paper will discuss how America’s borders are being protected by the Fourth Amendment, and what exceptions to the rule are necessary to protect America’s security interests. Stop-and-Frisk The definition of a “stop and frisk” is when the police temporarily detain a person and “pat down” their outer clothing if a law enforcement officer believes a suspect is armed and dangerous (Center for Public Education, 2015). For example, if a person is observed walking back and forth in front of jewelry store, meets another person around the corner from the store, and an officer observes one person handing the other person something which they put into their jacket. The officer can stop and frisk that suspect because they will have a reasonable suspicion that the suspects could be armed, and are possibly going to commit a crime. A frisk, by definition, is a type of search that requires an officer to have a lawful reason to stop and search (Center for Public Education, 2015). When an officer is going to frisk a person, it cannot be for any other reason than to...
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...more surprising in the light of previous practice is that they were paid to do so, either by the government or individual parents and guardians. School was becoming more of a priority. Another institution that made its appearance on the educational stage was something called a "Dame" school. These schools were set up in the homes (most often the kitchens) of women in the community who had both the time and inclination to teach students in a tutoring capacity and in exchange for their services the women received some meager allowance. (Amy L. Matzat ) | | | The public school as we know it was born in the mid-nineteenth century. Its founders called it the “common” school. Common schools were funded by local property taxes, charged no tuition, were open to all white children, were governed by local school committees, and were subject to a modest amount of state regulation. (http://www.pbs.org/kcet/publicschool/photo_gallery/photo1.html). Today’s system of public education is a result of a political and social movement that began in the early 19th century. Public education was seen as an essential component of the new democracy. Proponents of the common school believed that in addition to teaching students academics, education should prepare young people for citizenship. Reformers, such as Horace Mann (1796-1859), believed that public education would allow all individuals to rise by merit through a common system of education....
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...Public Safety and Privacy Analysis Billie Barker University of Phoenix CJA/550 Legal Issues in Justice and Security Michael Barrett, Esq. April 2, 2012 Public Safety and Privacy Analysis Introduction The purpose of this paper is to learn about public safety and privacy issues. Understanding the search and seizure laws; that govern all law enforcement and private security perssonel. Next the paper looks at the laws for surveillance by the police. After that this paper is investigating the idea of cameras in the school system legal or not, for protection or is it a violation of the fourth amendment rights to the students. Last the paper looks at surveillance by private security. Understanding Search and Seizure Law The police are governed by the 4th Amendment to the U.S. constitution which places limits on the power they have. For the police to make arrests, search a person or their property they have to work under the fourth amendment, which are the laws set for search and seizure. The Fourth Amendment to the U.S. Constitution reads as follows: "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" (The Charters of Freedom, nd). The fourth amendment provides for the search and seizure...
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...was a high school student. School officials searched her purse suspecting she had cigarettes. The officials discovered cigarettes and a small amount of marijuana. T.L.O. was charged with possession of marijuana. Before trial, T.L.O. moved to suppress evidence discovered in the search, but the Court denied her motion. The Juvenile and Domestic Relations Court of New Jersey, Middlesex County found her guilty and sentenced her to probation for one year. The New Jersey Supreme Court stated that the exclusionary rule of the Fourth Amendment applies to searches and seizures conducted by school officials in public...
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...Justice Potter Stewart believed that the right to counsel should not arise until indictment, and that this result would cause problems for fair administration of criminal justice. Case 3: Kyllo vs US (2001) A.) A Department of the Interior agent was suspicious of Danny Kyllo for illicit drug activity. He then used thermal imaging on his house to detect hot spots commonly found in areas involved with the growing of marijuana. He found these hot spots in his house and was arrested by the government where they in fact found a marijuana operation. Danny argued that the technology used to scan his complex violated his Fourth Amendment rights as an unconstitutional search without a warrant. B.) Does the use of a thermal-imaging device to detect relative amounts of heat emanating from a private home constitute...
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...Surveillance Surveillance in Schools: Safety vs. Personal Privacy A project created by Kathy Davis, John Kelsey, Dia Langellier, Misty Mapes, and Jeff Rosendahl Project Home Security Cameras Metal Detectors Locker Searches Internet Tracking “Surveillance…n. close observation, esp. of a suspected person” [emphasis added] --Reader’s Digest Oxford Complete Wordfinder, 1996 In 1995, “The total number of crimes committed per year in or near the 85,000 U.S. public schools has been estimated at around 3 million” (Volokh & Snell, 1998). Our educational system is evolving all the time, and one factor that is constantly changing is the aggressiveness within our schools. In 1940, a survey of teachers revealed that the biggest behavioral problems they had from students were “talking out of turn, chewing gum, making noise, running in the halls, cutting in line, [violating] the dress code, [and] littering” (Volokh & Snell, 1998). In 1990, the toprated problems were “drug abuse, alcohol abuse, pregnancy, suicide, rape, robbery, [and] assault” (Volokh & Snell, 1998). In 1940, we had little need for surveillance beyond a teacher’s observation and intervention. Today, however, we live in a much more diverse society with troubled youth and adults who have easy access to weapons, drugs, pornography, etc., which have enabled students and staff to bring their violent and/or inappropriate tendencies into the naïve schools. What worked in 1940 (teacher-student confrontation) is not as realistic...
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...relations among the federal, state and local governments have become infinitely more complex (Meyer, 2007). The 1st change that has evolved is Civil Rights. According, to the Supreme Court, 1993-1996 overview past debates and on how to remedy past crimination and equalize opportunities for African Americans, Hispanics and other minority groups. In a number of closely divided rulings, the Court limited efforts to create majority-minority congressional districts to help elect more blacks and Hispanics to Congress. It also adopted a stricter test against the use of racial preferences in awarding government contracts. In addition, the Court sent lower federal court judges a strong signal to move more quickly to get out of school desegregation cases and restore schools to local control. The dispute over racial redistricting stemmed from efforts by civil rights groups, minority lawmakers and the federal government after the 1990 census to use the federal Voting Rights Act to force states to create more congressional districts with majority African American or Hispanic populations. These so called majority-minority districts helped elect a record number of minorities to Congress in 1992. But many of the districts were highly irregular in shape. White voters in some...
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...decisions about our bodies and our private lives without interference from the government - which includes the public schools.” These rights are very important to citizens in society. Without these rights, each citizen will be suppressed and violated. The rights of the individual should always be upheld. We obviously have far more rights to privacy than the citizens in the book "Matched" by Allie Condie. In the book Matched by Allie Condie, the citizens are forced to contend with a lack of privacy in their society. This lack of privacy is dangerous to society because of certain violations that this can bring; such as inference of the government in our daily lives and restriction of the fundamental rights that we are entitled to. In the book Matched, the government keeps an eye on every citizen. This constant surveillance is evidence of the lack of privacy going on in their society. The issue of lack of privacy is a major one in the story, and it was an issue that America has had to deal with. I cite the Patriot Act as an example. The purpose of this act was to “deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes.” “The Patriot Act allowed federal agents to monitor electronic communications, which includes wireless phones, email, and internet, without much oversight. It also allowed the government to seize business records of...
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...James Newberry Andrea Janovic Soc 111 21 April 2013 The Patriot Act Is Unconstitutional On September, 11, 2001, terrorist attacked the World Trade Center and the Pentagon. They were probably going to attempt to fly a fourth plane into the White House. Most of us remember that day, where we were, and even what we were doing that morning; I know that I do. We all felt helpless and defenseless on that September day, and our overwhelming national response was to apprehend the people who had perpetrated this heinous act upon America. A week after the 9-11 attacks President Bush submitted a legislative proposal to combat terrorism called the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Patriot Act). The Act passed in the Senate without debate. After minor changes were made in the House, the complex, 342-page bill passed 357 to 66 and was signed into law on October 26, 2001. This seemingly innocent law designed to protect Americans has had the opposite effect, eroding the civil liberties of U.S. citizens and non-U.S. citizens residing in the United States today. Shortly after 9/11 the government secretly arrested and jailed some 1,200 people in its investigation of September 11; they refused to divulge the number of arrests, the names of their lawyers, 0r even the reason for their arrests. Most of those arrested were Arabs...
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...………………………………………………………………………………………………. Hazelwood School District v. Kuhlmeier ……………………………………………………………….. Christensen v. Royal School District No. 160 ………………………………………………………….. References and Works Cited ……………………………………………………………………………….. Spanierman v. Hughes, 576 F. Supp. 2d. 292. (D. Conn. 2008) Jeffrey Spanierman, a teacher at Emmett O’Brien High School in Ansonia, Connecticut, created a MySpace page for the purpose of communicating with his students regarding homework, learn more about the student’s personal interest and to conduct casual, non-school related discussions. (Neuberger, 2008) A colleague visited the page and was concerned with some of the content---pictures of nude men captioned with inappropriate comments and personal conversations between Mr. Spanierman and the students. The colleague spoke to Spanierman and convinced him to remove the page arguing that it was disruptive to students. Spanierman complied, but went on to create a new profile page with similar content. The colleague learned of the new page and immediately reported her findings to the school administration. The administration went on to place Spanierman on administrative leave and ultimately declined his teaching contract for the upcoming school term. (Neuberger, 2008) In the case of Spanierman v. Hughes, 576 F. Supp. 2d, 292, the Plantiff, Jeffrey Spanierman was hired on January 2, 2003 as an English teacher at Emmett O’Brien High School, a school within the Connecticut...
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...School Shootings Sandy Hook is one of the deadliest school shootings in the US history, resulting in the death of twenty six people (5). There have been seventy four school shootings only during the eighteen months after the Sandy Hook school shooting in 2012(4). Even though less than 1% of youth homicides take place in a school setting, it can cause long term damage to the students and school staff members(6). Students who witnessed school shootings are more likely to resist returning to school, have sleeping problems and to develop the symptoms of post-traumatic stress disorder.The federal government should interfere to protect our students and stop school shooting. One of the most common answer to the problem is strengthen gun laws (1). The solution suggests that making it harder to buy/register a gun will probably reduce school shooting as it will be harder for minors and psychos to obtain arms. People would be required to have a mental check, a background check, to lock up the gun and to undergo mandatory training before being allowed to own guns in their homes. This solution is built on the believe that guns are the main reason why school shootings happen. In reality, such a law will help reducing unintentioned crimes not the planned crimes. The law will help teaching the good citizens how to use guns correctly but criminals do not follow the law and they will find an illegal way to commit their crimes. The fact that committing a mass in a public place by a gun is easier...
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...Kara Miciek Schools Requiring Facebook Passwords from Students Numerous students around the country have had their personal information violated by their own school system. Should schools have the right to violate first and fourth amendment rights by requesting access of students’ Facebook accounts? The position that is being taken is no, it is against the first and fourth amendment rights for schools to access students’ Facebook accounts. The different views of this argument include the schools system’s side and the students’ side. Students believe that they are entitled to first and fourth amendment rights within the school. The school is violating the first and fourth amendments by requiring a Facebook password from the student in many cases. For example, a student is in trouble when writing on their profile and their opinion doesn’t match what the school views as appropriate. The school would then then punish the student and also require that the student provides a facebook password to access their personal account. The school’s side, which includes the faculty, principal and school administration, believes that students do not have full first and fourth amendment rights when on school property. A student then loses the rights associated with freedom of speech, press, assembly, and search and seizure in many cases. An examination of recent court cases and articles that contribute to the argument will be mentioned, including surveys and interviews of a sample of the student...
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...According to Analysis of School Shootings, The 94 school shootings occurred in 33 states across the country (2013-2014). Fifty- three percent of the shootings took place at k-12 schools and 47 percent took place on college or university campuses. Today, there are many shootings everywhere, even in schools. The reason is that students can approach weapons and drugs easily and bring them to school. The concern is that weapons and drugs can lead to worse situations like shooting or doing drugs in the school. To prevent these consequences, the Supreme Court had given permissions to public school officials, which are based on the Fourth Amendment, which is “each man’s home is his castle”, secure from unreasonable searches and seizures of property...
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...Ohio V. Robinette Presented By: Ricky Mendez December 1, 2011 Outline I. The Case Ohio V. Robinette II. Trial Court Out Come III. Appeals Court’s Decision The Case Ohio V. Robinette In Ohio v. Robinette, 519 U.S. 33 (1996), the U.S. Supreme court held that the Fourth Amendment does not require police officers to inform a motorist at the end of a traffic stop that they are free to go before seeking permission to search the motorist’s car (Wikipedia 2011). In the case, respondent Robert D. Robinette was stopped for speeding by Deputy Roger Newsome of the Montgomery County Sheriff Office, since he had no prior violation; the officer gave him a verbal warning and returned his driver’s license(Cornell University Law School 1996). Shortly After, the deputy asked Robinette, before he gets going whether he was carrying any illegal contraband, weapons, drug’s, or such things in his car. That’s when Robinette answered that he did not have any of those things in his car. Then the deputy asked him if he would let him search the car for such things and Robinette gave consent to a search of the car. At the same time Robinette, felt like he had to let the officer search the car because he did not know that he could have simply said no and been free to go. Robinette, along with many other citizens feel that they do not have a choice in denying a request by a police officer. They are not familiar with the laws and rights that they have, especially during a routine traffic...
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