Random_Student_Locker_Searches_Without_Permission

Random Student Locker Searches without Permission Random Student Locker Searches without Permission As an educator it is my responsibility to ensure the safety of all of my students, which includes conducting random locker searches without permission. While many people may believe that searching a student’s locker without permission infringes upon the student’s rights, “the Supreme Court decided early on that the need by teachers and administrators to maintain order outweighs the privacy interests of students in a case called New Jersey v. TLO,” (Thiagarajah, 2006). Another thing students and parents may not realize is the lockers are the property of the school, not the student. A random locker search is a necessary measure to help keep weapons and drugs out of the school. It is not a measure to limit the civil rights of the students who attend the school. All teachers have a responsibility to ensure the safety and well being of their students. Performing random locker searches with or without the permission of the students is one of the best ways to provide a safe environment for all students. Although this is a necessary measure, educators and administrators must still have probable cause to search a student’s locker. The U.S. Supreme Court claims that searches are only justified “when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school,” (Thiagarajah, 2006). To avoid violating a student’s rights, a search cannot be conducted on a hunch or a rumor. However, if a student reports another student having illegal contents in their locker, then this is considered probable cause. It also depends on severity of the claim. The report of a gun in a locker is taken much more seriously than the claim of a student having cigarettes in his or her locker (Thiagarajah, 2006). As an educator it is my responsibility to enforce the laws or school rules, not to violate the rights of my students. Although the Constitution applies equally to everyone, regardless of age, color, race, religion, or any other factor, a school has the responsibility to provide a safe learning environment by not allowing students to possess or obtain anything that may be illegal or dangerous. The Fourth Amendment states, “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,” (Davis, Kelsey, Langellier, Mapes, & Rosendahl, 2003). The reason it is legal for schools and teachers to search lockers is because they do not belong to the student. “Court rulings suggest that students should have no expectation of privacy in school lockers when the school district both owns and controls the lockers and has a written policy describing this ownership,” (Davis, Kelsey, Langellier, Mapes, & Rosendahl, 2003). From my own personal experience, I believe random locker searches keep students safe. Growing up I lived in an area where gangs and violence were very prevalent. When I was in middle school, my brother got into a fight with one of my male classmate’s brother. The next day at school, this male classmate told me he had brass knuckles waiting for me. Luckily, my teacher overheard his threat and sent both of us to the principal’s office. My teacher repeated what he heard my classmate say and both my classmate had the opportunity to explain our side. After hearing all sides the principal ordered for my classmate’s locker to be searched. A police officer and my teacher searched the student’s locker and found brass knuckles. The student was suspended and then later expelled from school. Last year the high school I attended was on the news for a major drug bust. This is a school in a rural area, where most parents would expect their child to be safe. Many teachers reported that an unusual amount of students seemed to be under the influence of drugs. There was a long investigation that even involved an undercover police officer being enrolled as a student. Eventually, the school was put on lockdown while every locker was searched. After it was all said and done “13 students were arrested for selling drugs to a person they thought was one of them,” (Bailey Jr., 2009). The point I am trying to make is sometimes it is necessary to conduct random searches of lockers to ensure the safety of all students. References Bailey Jr., T. (2009). Deep cover: New girl at Millington school partied, made friends -- and sought to score drugs. Retrieved from http://www.commercialappeal.com/news/2009/jan/15/no-headline---2009-01-14-213824041415/ Davis, K., Kelsey, J., Langellier, D., Mapes, M., & Rosendahl, J. (2003). Surveillence in Schools: Safety vs. Personal Privacy. Retrieved from http://students.ed.uiuc.edu/jkelsey/surveillance/locker.htm Thiagarajah, N. (2006). School Lockers: What Can a Teacher Search' Retrieved from http://www.legalzoom.com/us-law/privacy/school-lockers-what-can