Preview

Ethical Leadership/the Twenty Dollar Bill

Satisfactory Essays
Open Document
Open Document
364 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ethical Leadership/the Twenty Dollar Bill
Dan Bummer
ELAD 6073 School Law
Karen Curtner
October 20, 2012

“The Twenty Dollar Bill”

The case study “The Twenty Dollar Bill” involves students and their Fourth Amendment rights. The Fourth Amendment to the U.S. Constitution states that citizens are free from unreasonable search and seizure from the government. However, school administration (an extension of government) does have the power to implement searches and seizures that may be outside of the constitutional scope in order to maintain good order and discipline in the school. This is evidenced by the Supreme Court case New Jersey vs. T.L.O where the Supreme Court ruled that requiring schools to obtain warrants for searches would interfere with the swift and informal disciplinary procedures needed in schools. However, the Supreme Court also stated that there must be reasonable grounds to conduct a search and it is limited to individualized suspicion and not group searches. Students do not shed their constitutional rights when they enter school grounds. In the case study “The Twenty Dollar Bill”, the students’ expectation of privacy outweighs the obligation of the school leaders to maintain good order and discipline in that there is no clear and reasonable threat to student safety or order. The students’ constitutional rights should not be jeopardized over twenty dollars. Furthermore, a bathroom search of any students must be reasonable related to the objectives of the search and must not be excessively intrusive. Since there was only twenty-dollars involved this case, a bathroom search would be highly unconstitutional considering the age of the students and amount of money involved. This is evidenced by a similar case Safford vs. Redding 2008. As an administrator, I would refrain from searching the students’ belongings or even their pockets. Instead, I would call the suspected students in for questioning. I would offer a small reward (non-monetary) to any student(s) who

You May Also Find These Documents Helpful

  • Good Essays

    This case established limitations on our 4th amendment right under school property. The majority opinion should be right one because in order to…

    • 310 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Josh Renville, an 18 year old student attending Fargo North High School has petitioned against the school in question for violating his first amendment right to freedom of speech. The school prohibited Renville from using a photograph in which he his holding his favorite rifle for his senior portrait in the yearbook. Renville claims that by prohibiting the photograph, the school is infringing on his rights to freedom of symbolic speech. Despite Renville’s claims, the actions taken by the administrators at Fargo North High were completely constitutional. Fargo North was acting well within their constitutional limits to promote the ideals of public education, to properly monitor any media that would have been associated with the school, and to limit any action that inherently interfered with the school’s disciplinary…

    • 815 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    After this discovery he continued to search the purse thoroughly and found some marijuana, a pipe, plastic bags, money, an index card containing a list of students who owed TLO money, and two letters that signaled her in marijuana dealing. So everything being discovered now will be used against her in court. After the discovering of these items in TLO purse she was taken to the Juvenile Court and received delinquency charges which,in court TLO tried to say that her 4th Amendment was violated but the court said the search conducted by the Vice Principal was reasonable because TLO was a delinquent. On the contrary The Appellate Division of the New Jersey Superior Court came to the conclusion that there was a Fourth Amendment violation. The New Jersey Supreme Court said, holding that the search of the purse was unreasonable. She was sentenced to one year probation and brought up on charges by the local authorities. Though the Supreme Court did not say that the Fourth Amendment did not apply to students. The Fourth Amendment states that a search and seizure cannot be lawfully conducted without a warrant or probable cause. However, in a school setting, a search is considered to be reasonable and within the constraints of the Fourth Amendment if there is reasonable suspicion…

    • 497 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    T.L.O. is a case that argued the right to privacy rights at school. The result of this case was that students belongings can be searched but not for no good reason. Furthermore, the case started when a fourteen year old student at Piscataway High School in New Jersey was caught smoking in a bathroom by a teacher. Once the student was caught her purse was then searched by the teacher. Found in the purse was a pack of cigarettes, rolling papers, and a small amount of marijuana. Because of the belongings discovered by the teacher, police were called in and the fourteen year old student openly admitted to selling drugs on school property. Furthermore, during her trial she was found guilty and was put on probation. However, fourteen year old, Terry argued that the search of her purse was a violation of the fourth amendment, “unreasonable searches and seizures.” This case is a great example of a landmark case because it started the beginning of future decisions regarding searches and seizures at…

    • 639 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Fourth Amendment states that “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”. But, does this Amendment apply to students in the public school systems?…

    • 726 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Supreme Court has a long history of upholding citizens' protections against unreasonable searches and seizures a right guaranteed by the 4th Amendment. In 1914, the Court ruled that evidence obtained by police illegally is not admissible in federal court a practice known as the exclusionary rule. In 1980, a teacher at Piscataway High School in Middlesex County, New Jersey, found T.L.O. and another girl smoking in a restroom a place that was by school rule a nonsmoking area. The two girls were taken to the principal's office where T.L.O.'s friend admitted that she had been smoking in the restroom. T.L.O. denied smoking there. She denied that she smoked at all. An assistant vice-principal demanded to see T.L.O.'s purse. Searching through it he found a pack of cigarettes. He also found rolling papers, a pipe, marijuana, a large wad of dollar bills, and two letters that indicated that T.L.O. was involved in marijuana dealing at the high school. T.L.O. was taken to the police station where she confessed that she had sold marijuana at the school. A juvenile court sentenced her to a year's probation. The State Supreme Court overturned the decision, stating that T.L.O.'s 4th Amendment rights had been violated. But White agreed with a lower court finding that 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 committed or reasonable cause to believe that the search is necessary to maintain school discipline….” In other words, in a school, a search could be reasonable under the 4th Amendment without probable cause, so long as it was supported by reasonable suspicion or reasonable cause. The assistant vice-principal's search was considered reasonable under this definition. In 1985, the Supreme Court, by a 6-3 margin, ruled that New Jersey and the school had met a "reasonableness" standard for conducting such searches at school. The high court…

    • 451 Words
    • 2 Pages
    Good Essays
  • Good Essays

    An example of a search subject to the demands of the 4th amendment is a state-compelled collection and testing of urine, including the requirements of the Student Athlete Drug Policy, which was determined by the Skinner v. Railway Labor Executives’ Association 1989 (11). By the case New Jersey v. T.L.O. 1985, the State’s power, in public schools, is tutelary and custodial over students. This allows a higher degree of supervision and control that other…

    • 1137 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    - court agreed that searches by school officials do not violate the Fourth Amendment as long as the official has “ reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline…

    • 361 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The Superior Court of New Jersey, Appellate Division affirmed the denial of the request to suppress evidence. The New Jersey Supreme Court then reversed the decision and ruled that the exclusionary rule of the Fourth Amendment applies to the searches and seizures made by school officials. The case then went to the United States Supreme Court. The first thing the U.S Supreme Court did was ordered to rehear the argument about the question of whether the assistant principal violated the Fourth Amendment in T.L.O’s case. After rehearing the argument the court in a 6-3 decision written by Justice Byron R. White ruled that the search of T.L.O’s purse was reasonable under the circumstances. They stated that even though the Fourth Amendment’s protection against unreasonable searches and seizure also applied to public school officials, they may conduct reasonable searches of students with proper authority and probable…

    • 647 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The purpose of this paper is assess the limits search and seizure in public schools, apply specific ruling, analyze the New Jersey v. T.L.O. case and explain, recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure and peer review. School officials are responsible for providing a safe and orderly school environment. The officials are required to address disrupting or unsafe behavior that violate school policy and rules. It may require searching of students and their belongings. Dealing with disrupted behavior is a difficult situation that requires decision-making on when, where and how to conduct a search and seizure. My assess limit search and seizure is on hunch or just general search. School officials must have reasonable or proper cause to search.…

    • 2085 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Firstly, the students see the searches of their lockers is an invasion of property given by the school itself "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 intentions can appear to be a major breach of trust by teachers and administrators, causing a rift between the student body and the faculty" (classroom-synonym) the evidence states that the searches would be negative in many ways. First being a violation of the 4th amendment, and second, searches decrease the trust between teacher and students in an environment where the teachers require the students to trust them. In addition, the students feel that it is a violation of their privacy. Students question why they are being targeted. Some schools say that the lockers are their property, however backpacks are the students’ private property, but schools state that whatever comes to school, the teachers are obliged to search if reasonable (classroom-synonym). In the case of New Jersey v T.L.O, although the bag was owned by…

    • 713 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Teachers and administrators should be allowed to search students’ lockers because being able to search lockers creates a safer learning environment. According to opinions on the website “Debate.org”, 51% of the people who voted believe that teachers and administrators should be allowed to search lockers. Although searching students’ lockers may be against the fourth amendment ( “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable…

    • 591 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A legal challenge to the policy arose when a student and his parents refused to consent to drug testing and he was denied the chance to play football. Their lawsuit charged that the district violated his Fourth Amendment right to be free from unreasonable searches and seizures as well as his privacy rights under the Oregon state constitution. The District Court rejected their claims, but they won on appeal. The school district then appealed to the U.S. Supreme…

    • 658 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Student's Fourth Amendment rights shouldn't be limited in schools, but they still are. In school students' privacy is being invaded legally. There's no warrant needed to search students on school grounds. They could be unreasonable searches. School authority shouldn't be allowed to search students. Limiting rights in certain places is unconstitutional and shouldn't be…

    • 696 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    14th Amendment Essay

    • 473 Words
    • 2 Pages

    The liberties of a citizen is perceived not guaranteed. After 9/11 there was a lack of privacy in the United States government that affect everyday life. While the school own the lockers and the supreme court considers us minors, privacy should be extended to students cellphones and lockers. The fourteenth amendment addresses all citizens the same rights and equal protection of the law including minors. The fourth amendment also states and proves the right of the people to be…

    • 473 Words
    • 2 Pages
    Good Essays