Searches and Seizures
by: Candy Jimenez
4th Amendment -
Protects personal Privacy, and every citizen's right to be free from unreasonable government intrusion into their persons, homes, business, and property -- whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
What's different?
Limitations to a reasonable general search:
- A warrant signed by a judge is shown to you
- If no warrant the Officer needs to ask for consent to search you, you have every right to say no to the search.
- Officer needs to have probable cause
- If something illegal is seen by the police officer, they will not need a warrant or permission.
Limitations to a reasonable school search:
- No warrant needed
- The principal, an officer, and a teacher can all check your car and bookbag
- As long as any of your belongings are on school property, an authority figure has the right to give you a search
- Probable cause is needed
- No warning has to be given
- No consent is needed (with most schools)
The exclusionary rule
legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.
What they can't do // No warrant?
The will almost always need a warrant to enter your house unless you have given the cop consent to enter your house. Be careful though because once you have given them consent to a search anything they find, whether or not that was the reason for them to go in, will get you in trouble (of course only if it's illegal). Besides the consent, an Officer is allowed in your home if he stomps upon anything he dims suspicious.
Examples:
- If he can see through your window and you pass a blunt
- Hears suspicious screams
- Blood
- Smell of decomposition
- Dead body
Though there's a lot of loopholes for a cop to end up getting his way there's things he's/she's not allowed to do:
- Can not enter a home with no consent or warrant
- Can not use evidence they got without a search or illegal
- Exclusionary Rule (can't use evidence they got from an illegal search)
- They can't stop you, search, or frisk you without first giving you a reason to why they are doing what they are doing.
instances where a school can undergo random searches
Drug tests
If it's common to walk into the school and smell marijuana then random drug test where they bring the drug dogs come will be common as well.
Weapons
If the school is said to be in a dangerous neighbourhood or the school has had problems with weapons on school grounds then random car and bag search are not odd.
Private Schools
A lot of private schools have rules making it normal for parents to be aware of the random searches their children can go through while in school.