Random Locker Searches Essay

Random Locker Searches Essay-11
School officials and law enforcement officers are not required to advise students that they have a right to refuse to give consent to search. Some school policies or state regulations, however, may require that they advise students of their rights. Therefore, his discipline for failing to consent to a legal search was upheld.

School officials and law enforcement officers are not required to advise students that they have a right to refuse to give consent to search. Some school policies or state regulations, however, may require that they advise students of their rights. Therefore, his discipline for failing to consent to a legal search was upheld.

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Have less intrusive means to combat the problem been exhausted? Is the testing procedure reliable and minimally intrusive?

Are the consequences of a positive search result discipline, denial of privileges, or treatment?

Some school policies require students to provide consent to a search or risk discipline.

In at least one federal circuit, the court has upheld this policy (Des Roches v. In this case, all but one student consented to a search of their personal belongings.

The right of school officials or police to use dogs to detect drugs in students' belongings is well established.

In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy in the air around their belongings. This case changed practices in many school districts—those schools no longer use the dogs to sniff around students.

The student claimed that his Fourth Amendment rights were violated because the administrator did not have reasonable suspicion to search him.

The court held that when the search of all other students in the class failed to reveal the stolen item, the administrator had reasonable, individualized suspicion to search Des Roches.

The search of the consenting students revealed nothing.

Pursuant to school board policy, Des Roches was suspended for 10 days for failure to consent to the search.

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