History
During the colonial era, lawyer James Otis argued in court against British use of writs of assistance, which were general search warrants allowing British officials to search wherever they wanted without having to say why. His arguments were observed by John Adams, who noted that Otis’s argument against this form of British tyranny marked the beginning of the American Revolution. Thus John Adams made sure that in the new Constitution there would be no unreasonable search and seizure.
Modern day Controversies
Many controversies today are on laws or rule that have been implemented by the very people that set up to protect and fight for our rights. One of the main modern day controversies took place in New York City. The NYPD had implemented something known as stop and frisk. this allowed the police to stop anyone at random and search them for whatever they they thought was in their possession. This case was taken to court and the Judge ruled that the the Stop and Frisk tactics violated the constitutional rights of the New York city civilians.
Famous Court Cases
New Jersey v. T.L.O., 1985
A female student was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court. T.L.O. are the initials of the 14-year old girl who was caught smoking in the bathroom at school. Later, in the assistant vice principal’s office, she denied smoking. The assistant vice principal demanded her purse, and found a pack of cigarettes, rolling papers, marijuana, a pipe, plastic bags, a large amount of money, and a list of students who owed her money. The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency.
Decision
Students do have 4th Amendment rights at school, but they are balanced with the school’s responsibility to maintain a safe and educational environment. The U.S. Supreme Court reversed the New Jersey Supreme Court, holding that school officials can search a student if they have reasonable suspicion. School officials do not need to have probable cause or obtain a search warrant. Reasonable suspicion is a lower standard than the probable cause required for police searches of the public at large.
Safford Unified School District v. Redding, 2009
Savana Redding was a 13-year-old student. A male student reported that another girl, Marissa Glines, had given him a prescription-strength ibuprofen pill. A search of Marissa’s day planner and pockets revealed more of the pills and some weapons. Marissa then reported the day planner belonged to Savana, and that Savana had given her the pills. Savana was then searched – a search which included not only her backpack and pockets, but also inside her undergarments. She sued the school district for violating her rights.
Decision
The strip search by school officials in this case was not legal. It was unreasonable considering the nature of the offense and the facts of the case.
During the colonial era, lawyer James Otis argued in court against British use of writs of assistance, which were general search warrants allowing British officials to search wherever they wanted without having to say why. His arguments were observed by John Adams, who noted that Otis’s argument against this form of British tyranny marked the beginning of the American Revolution. Thus John Adams made sure that in the new Constitution there would be no unreasonable search and seizure.
Modern day Controversies
Many controversies today are on laws or rule that have been implemented by the very people that set up to protect and fight for our rights. One of the main modern day controversies took place in New York City. The NYPD had implemented something known as stop and frisk. this allowed the police to stop anyone at random and search them for whatever they they thought was in their possession. This case was taken to court and the Judge ruled that the the Stop and Frisk tactics violated the constitutional rights of the New York city civilians.
Famous Court Cases
New Jersey v. T.L.O., 1985
A female student was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court. T.L.O. are the initials of the 14-year old girl who was caught smoking in the bathroom at school. Later, in the assistant vice principal’s office, she denied smoking. The assistant vice principal demanded her purse, and found a pack of cigarettes, rolling papers, marijuana, a pipe, plastic bags, a large amount of money, and a list of students who owed her money. The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency.
Decision
Students do have 4th Amendment rights at school, but they are balanced with the school’s responsibility to maintain a safe and educational environment. The U.S. Supreme Court reversed the New Jersey Supreme Court, holding that school officials can search a student if they have reasonable suspicion. School officials do not need to have probable cause or obtain a search warrant. Reasonable suspicion is a lower standard than the probable cause required for police searches of the public at large.
Safford Unified School District v. Redding, 2009
Savana Redding was a 13-year-old student. A male student reported that another girl, Marissa Glines, had given him a prescription-strength ibuprofen pill. A search of Marissa’s day planner and pockets revealed more of the pills and some weapons. Marissa then reported the day planner belonged to Savana, and that Savana had given her the pills. Savana was then searched – a search which included not only her backpack and pockets, but also inside her undergarments. She sued the school district for violating her rights.
Decision
The strip search by school officials in this case was not legal. It was unreasonable considering the nature of the offense and the facts of the case.