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4th Amendment In Schools

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"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 4th amendment was made based on the Founding Fathers ' experience with the Kings agents and the all purpose writ of assistances that they used abusively. Without the 4th amendment, we would be at the mercy of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the …show more content…

School officers do not require a warrant or probable cause to search students because the school officers are considered the guardian. Notwithstanding police officers need probable cause to search students. Schools may test any student in an extra curricular after school activity for drug usage. However, the school may not single out a student for testing. Found in the court case of The Board of Education V Earls 2002. Officers can conduct roadblocks to find drunk drivers without a warrant as long as individual automobiles are not signaled out. Be as it may, in the case of 2000 Indianapolis V Edmond that officers of the law can not conduct roadblocks to look for drug use because the roadblock does not encourage public safety. The Warrant Clause describes how police obtain warrants. The warrants must be specific describing where will be searched and what or who will be apprehended. Probable cause and or evidence must be present to obtain a warrant. Finally, when obtaining a warrant, officers must swear an …show more content…

The general public is okay that some criminals go free if it means police will not violate the 4th amendment. The exclusionary rule states that any evidence obtained illegally shall not be used in the court of law. It also states any evidence found because of the piece of illegal evidence is invalid. The exclusionary rule was first introduced in federal courts with the case Weeks V USA 1919. The rule did not apply to the states until 1961 in Maps V Ohio when they stated it was arrogant to have a rule that only applies to federal courts. There are 2 exceptions to this law. First, in the 1984 Nix V Williams case the Supreme Court ruled if the police would have found the evidence anyway. Second, if the police believe they are acting in good faith, even though the warrant they have is fraudulent. This was declared in the 1989 USA V Lean

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