Tuesday, February 14, 2012

Search at a School Unconstitutional ???

The Fourth Amendment of the Constitution guarantees the right of people to be secure in their persons, houses, papers and effects, against unreasonable search and seizures. It is very clear that this Amendment protects citizens from potentially being harassed and abused by law enforcement and investigative agencies, however it is not clear if it also protects us for unreasonable search a seizures carry on by regular citizens. This is a case that will be heard in the Supreme Court in North Carolina, after a student filed a lawsuit against her school for inducing her to participate in a bra search based on a tip that pills were being bought to class.  The North Carolina Court of Appeals ruled last year that the searches were unconstitutional as well as demeaning and highly intrusive. Schools need to find other ways to conduct searches on students, in my opinion the school took it too far. However the issue is whether the search was unconstitutional. It will be very interesting to know how the courts address this issue.

3 comments:

  1. As a mother I find the search of the students bras offensive! Unbelieveable that they would allow such an invasion of privacy! Don't we teach our children not to allow anyone to touch their bodies, and that they should never have to put up with such sexual harrassment? I don't know about anyone else but I have to believe that there is a better way to find the drugs that were rumored to have been hidden. I know my own girls would have been mortified if someone asked to check their bra! How is this okay with anyone? What was the school thinking? Get a drug dog over there and let them sniff around, but don't you dare touch my child!

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  2. I think that the school went to far, because it was from an informant that may have had their own reasons for lying and humiliating another student. A child should not be touch by anyone, period.

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  3. This is for sure going way to far! And is completely unnecessary!

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