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  1. #1

    Default Student search and seizure

    """a school official may properly conduct a search of a student's person if the official has a reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies." Id., at 341, 428 A. 2d, at 1333 (emphasis in original). "

    Source: Supreme Court

    I am currently writing a paper on the topic described above. My argument is against (certain) parts of the ruling. I am taking exception with two parts. 1) "a school official may properly conduct a search" 2) "reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies."
    .................................................. ................................

    My argument: What constitutes a properly conducted search by a school official? AND #2 as stated above grants the school official to search ANY student at ANY moment on the narrow grounds of school policies. The scope is too broad.

    EX: Imagine your child is caught with gum against school policy. The school officials currently have the RIGHT to fully search your child.

    I would like your opinions.

    Thanks in advance.

  2. #2
    Join Date
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    Default Re: Student search and seizure

    The search, as I understand the case, would have to be reasonable. That means that they could search for gum, but the search would be limited by what is reasonable in the context of a search for gum.

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