Many of these locker searches pros and cons involve a balance between the rights of the student and the need for the school to provide a safe environment for learning. Although there are some concerns about privacy rights being violated when performing searches, many school districts are creating user agreements that students and parents must sign that dictates how the space is use.
This advice is intended to explain schools' powers of screening and searching pupils so that school staff have the confidence to use them. In particular, it
In Commonwealth v. Snyder, 413 Mass. 521, 526 (1992), the SJC held that, because the school code provided that a student has the right “[n]ot to have his/her locker subjected to an unreasonable search,” the student in School lockers provided to the students on campus are subject to opening and inspection (and external dog sniffs) by school officials at any time with or without cause, provided that the searches are not because of the student's race, color, national origin, ancestry, sex, gender identity and expression, religion, disability, or sexual orientation. pect the student of hiding or storing any controlled substance in his locker. The only reason for the "administrative" locker search would have been the assumption that the police officer was acting in good faith and had reason to suspect the student of a crime involving the locker, i.e., the police officer was acting to enforce the law. 2011-05-09 No drugs were found in student lockers during the lockdown drill yesterday, during which a K-9 unit was tasked with checking the school for contraband.However the police dogs barked at 28 lockers and 84 were searched. “We would only talk to a student if the student broke … 2010-12-25 Lockers, Desks, Parking lots, Other school property or equipment owned or controlled by the school, or; Their personal property in any of the areas above.
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With rising danger in schools, locker searches seem like the right thing to do. A locker is owned by the school and loaned to the student, therefore entry is always legal. With this legal authority, schools should flex their rights and protect their students.
Generally, if a school owns the lockers, it can search those lockers at any time. Depending on the specific regulations that govern that particular school, students can be held responsible for anything found in their lockers.
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(1) A school principal, vice principal, or principal's designee may search a student, the student's possessions, and the student's locker, if the principal, vice principal, or principal's designee has reasonable grounds to suspect that the search will yield evidence of the student's violation of the law or school rules. Yes. Locker searches reduce drugs and weapons in schools, which is in the interests of all students.
The privacy of individuals, including students, is therefore protected, but only after considering the interests of society. This simulated case study explores what happens when there is an alleged conflict between student rights and society rights or
Backpacks vs. Lockers. Although lockers may be considered school property on loan, and therefore subject to a lessened standard of search, backpacks are purchased and owned by the student and should be considered personal property.
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Before Supreme Court established precedent with regard to searches of students in schools.5 In the case of T.L.O., the school officials searched a female student's The personal possessions of students within a school locker may be searched only when school authorities have a reasonable suspicion that the search will 22 Nov 2003 Personal Searches. A student's person and/or personal effects (e.g. purse, book bag, etc.) may be searched whenever a school official has 34.
Caselaw on Educator Searches of Cell Phones.
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The biggest drawback to a school locker search is the lack of trust. Students may feel as a result of actions they see as an invasion of privacy. Because students may keep personal items in their lockers, such as photographs and personal letters, even a search with the best Locker Searches.