Probable Physicion: A Case Study
This court decision creates a distinct precedent that gives schools the full right of search and seizure based on “reasonable suspicion”. To be clear on this rule, previously school officials must have probable cause to conduct searches on students. Probable cause is defined as "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true” (Ballantine’s Law Dictionary) . On the other hand, for reasonable cause it must be based on "specific and articulable facts", "taken together with rational inferences from those facts”, and the suspicion must be associated with the specific individual. (Ybarra v. Illinois, 444 U.S. 85, 91)This drastic
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This may depend upon the severity of the suspected offense by the student. Issues involving safety to all students may justify searches of students' personal property while on school premises. Some property used by the student, like lockers/dorms, are owned by the school. Additionally, because of public funding, greater latitude may be given to school officials attempting to provide a safe and orderly educational environment for all students. When combining all of the information stated before, we can see on a time line on how our privacy has decreased. This case broke headline news but didn’t stay relevant because it involved students and not adults. The rights of students had been altered because of this court decision. All the rights of Seton Hall students had been affected to, this means that the school has increased reach/power when it comes to your private domain on campus. If they have a “reasonable” suspicion that a student isn’t following school rules or is hiding contraband in their room, then they are allowed to search it without a warrant. This takes the youth out of the justice system and makes them feel disadvantaged or start to spite the system that did them wrong. This needs to be changed to give students back the rights that they deserve just like any other person, even if they are on school grounds or
This may depend upon the severity of the suspected offense by the student. Issues involving safety to all students may justify searches of students' personal property while on school premises. Some property used by the student, like lockers/dorms, are owned by the school. Additionally, because of public funding, greater latitude may be given to school officials attempting to provide a safe and orderly educational environment for all students. When combining all of the information stated before, we can see on a time line on how our privacy has decreased. This case broke headline news but didn’t stay relevant because it involved students and not adults. The rights of students had been altered because of this court decision. All the rights of Seton Hall students had been affected to, this means that the school has increased reach/power when it comes to your private domain on campus. If they have a “reasonable” suspicion that a student isn’t following school rules or is hiding contraband in their room, then they are allowed to search it without a warrant. This takes the youth out of the justice system and makes them feel disadvantaged or start to spite the system that did them wrong. This needs to be changed to give students back the rights that they deserve just like any other person, even if they are on school grounds or