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Searches, Drugs Testing and School Security

The Fourth Amendment guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". The constitution specifies that the government must have probable cause and obtain a warrant before it can conduct a search on a citizen.

However, the Supreme Court has ruled that the Fourth Amendment applies differently to students in public schools than normal citizens. In a 1985 case called New Jersey v. T.L.O., the Supreme Court wrote:

It is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject. The warrant requirement, in particular, is unsuited to the school environment: requiring a teacher to obtain a warrant before searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools. nor does [the right to privacy for students] require strict requirement that searches be based on probable cause Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.


Do I have a right to have my parents present if the police are questioning me?

In Missouri, if you have committed or are alleged to have committed serious crimes such as murder, assault, property damage, or possession of a weapon, a juvenile officer must report these allegations to the superintendent of your school district. Your superintendent must then report these allegations to teachers or other school officials who need this information to assure good order and discipline in school. However, this information cannot be used to deny you any services that the school provides.

Yes. In Kansas, minors as young as 14 years old may be prosecuted as an adult for some crimes. In Missouri, a minor as young as 12 years old may be prosecuted as an adult for some crimes.

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Approximate Word count = 2436
Approximate Pages = 10 (250 words per page double spaced)


  

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