Sample Essay on:
Random Public School Searches/Legality

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Essay / Research Paper Abstract

A 7 page research paper that investigates the constitutionality of school searches. On one hand, school officials are bound legally and morally to respect the rights of students, as they exist under law. Yet, on the other hand, school officials bear the responsibility of providing safe and orderly environments that promote learning for all their students. It is a delicate balancing act to address both responsibilities in today's school environment. The writer explores these issues, citing several court cases and Supreme Court decisions. Bibliography lists 5 sources.

Page Count:

7 pages (~225 words per page)

File: D0_khranss.rtf

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Unformatted sample text from the term paper:

bear the responsibility of providing safe and orderly environments that promote learning for all their students. It is a delicate balancing act to address both responsibilities in todays school environment. In 2004, a drug sweep conducted at Stratford High School in Goose Creek, South Carolina generated national attention, controversy and, to date, two lawsuits. Police officers charged into the school and drew guns on more than a hundred students, most of whom were African American in a random drug search (Essex, 2004). Students were handcuffed, pushed up against lockers, or held with their faces to the floor. No drugs were found. The question arises: was this legal? Was this behavior constitutional? In the US Supreme Court case New Jersey v. TLO (469 U>S. 325, 105 S.Ct. 7633 [1985]), the opinion of the Court stated that the legality of a student search depends on the reasonableness of the search under all circumstances (Essex, 2004). According to this case, constitutional validity is determined on two levels. The first level pertains to whether or not the search is justified prior to inception, which is the point at which reasonable suspicion comes into play (Essex, 2004). In short, school officials must ask themselves whether or not a search is reasonable in light of in-hand information. The second level addresses the reasonableness of the search itself and the methods used to conduct the search (Essex, 2004). These methods must be reasonably related to the goals of the search (Essex, 2004). Also, the Court indicates that the search should not be excessively intrusive and should also consider the age and sex of the students being searched (Essex, 2004). This factor is designed to cause school officials to consider whether there is an immediate threat to the health and safety of students (Essex, 2004). But while ...

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