https://padlet.com/hwelch41/ht8ynyg4pj053s24 en-us 2021-12-03 01:57:32 UTC 2021-12-04 02:46:33 UTC hello@padlet.com hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926464467 As a middle school teacher and future Assistant Principal I have observed the roles of those that I have worked with and the role of an educator has seemed to change in more ways than one over the last 3-4 years according to others around me. This is only my second year out of college, and second year teaching, so my impression of the education field has only pertained to that of COVID-19 times which contain in person and virtual school. The intention of this assignment is to inform teachers and other staff of the importance of the legal and ethical principals which apply to such a broad topic of search and seizure. It is normal for schools to have policies in place which state that students can not have phones out or apple watches...this is the most common issue involved with search and seizure.  I believe that making teachers and staff aware of not only the state laws, but the local laws and policies as well is very beneficial to help avoid any misconceptions about which rules are to be followed. ]]> 2021-12-03 02:09:22 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926464467 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926464793 The highest law relating to search and seizure states that "everyone has the right..." which does not put a limit on the age of who has the rights under this amendment which means that students of all ages in the education system have rights. The most recorded issue dealing with search and seizure in schools is when students have cell phones when they are not supposed to according to district policy. Teachers and administrators have to understand the legal laws and policies that pertain to search and seizure in and outside of the school walls so that they do not violate a students rights. 

An emerging issue with the topic of search and seizure is administrators taking students phones up and withholding them until the student pays $15 or until a 1 week time period is up. There is controversy being brought up by students, as well as parents about the "right" a school has to do such a thing (seize the phone) with something that is not legally theirs to keep. Some lawyers have been brought in to determine the legalities of whether a school is allowed to do this since it is stated in the school handbook. ]]> 2021-12-03 02:09:34 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926464793 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465336 According to the National Youth Rights Association (NYRA) there must be evidence for a search consisting of either probable cause, reasonable suspicion or suspicion less or random searches. Each of these forms of evidence have their own reasoning as to what is legal and ethical and what is not under the law. The link provided contains links to specific court cases that have involved search and seizure with students in an educational setting which discusses the cause for search, as well as what was searched.

Mandal, S. (n.d.). Search and seizure. NYRA. Retrieved December 1, 2021, from https://www.youthrights.org/issues/student-rights/search-and-seizure/. 

https://www.youthrights.org/issues/student-rights/search-and-seizure/]]> 2021-12-03 02:09:54 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465336 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465464 According to the New York Times, in 2017 at Worth County High School in Georgia there was an incident which included around 900 students being placed on lockdown and they were searched without any probable cause. Nine of the students sued the sheriffs and deputies whom were involved in the search that was later labeled in the lawsuit as "unreasonable, aggressive, and invasive.
-The article states the law and what is required before anyone can be searched.
-The article also mentions the correlation between the school administrators and the authorities who conducted the search.

Fortin, J. (2017, June 13). 'how far can they go?' police search of hundreds of students stokes lawsuit and Constitutional questions. The New York Times. Retrieved December 1, 2021, from https://www.nytimes.com/2017/06/13/us/georgia-police-patdown-students.html. 
https://www.nytimes.com/2017/06/13/us/georgia-police-patdown-students.html]]> 2021-12-03 02:09:59 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465464 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465612 The Seattle Times news article stated the incident which occurred to a 13 year old middle school student in Arizona who was strip searched due to false accusations.
-The search violated her privacy and her 4th amendment protections against unreasonable searches.
-The article also mentions that the federal court took the side of the school, stating that the school needed "reasonable suspicion" which they had according to school officials.
-This article proves that there are always two sides to the story, but ultimately the courts have the final say in a scenario as this one.

Staff, S. T. (2009, April 27). School went too far in searching student. The Seattle Times. Retrieved December 3, 2021, from https://www.seattletimes.com/opinion/school-went-too-far-in-searching-student/. 
https://www.seattletimes.com/opinion/school-went-too-far-in-searching-student/]]> 2021-12-03 02:10:04 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465612 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465763 The Constitution stated that all people have the right to be secure in their house, papers, and effects, against unreasonable search and seizures. The law must have probable cause or suspicion to search your belongings. 
-This protects individual rights that people have. 
-This is the highest form of law that pertains to search and seizure that protects rights. 

U.S. Const. amend. IV.
https://constitution.congress.gov/constitution/amendment-4/ ]]> 2021-12-03 02:10:09 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465763 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465936 The Texas Association of School Boards says that a search must be reasonable, which means that it must be justified (at the beginning of the search) and the direction of the search is related to the circumstances that were justified at the beginning of the search.
-No warrant is required for this to be done.
-There must be more than just a "hunch" though. A teacher or administrator must have proper reason behind the intention of searching a student's person or belongings.

Texas Association of School Boards, (2019). Legal Issues in Student Searches
https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/legal-issues-in-student-searches.pdf ]]> 2021-12-03 02:10:16 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926465936 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466112 The Court concluded that while the Fourth Amendment applies to students, it applies in a diminished capacity. The legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. 
-This court case was built on the fact that a student's purse was searched for cigarettes based on the fact that the student was caught smoking. Upon the purse being searched, it was proven to be true that the student had cigarettes. 
-It is beneficial as a teacher or administrator to understand the legalities of when it is acceptable to search a student's belongings and when it is not. 

New Jersey v. T.L.O, 469 U.S. 325 (1984). 
https://www.law.cornell.edu/supremecourt/text/469/325 

]]> 2021-12-03 02:10:22 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466112 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466283 According to Article 1 Section 9 of the Bill of Rights "The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation."

Tex. Const. art. I, § 9.
https://law.justia.com/constitution/texas/sections/cn000100-000900.html

]]> 2021-12-03 02:10:29 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466283 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466443 Alamo Heights Student Handbook states that searches in general (for all grade levels) can be conducted in the interests of promoting student safety and drug-free schools.
-"District officials ay search students, their belongings, and their vehicles in accordance with law and district policy.  Searches of students will be conducted without discrimination, based on, for example, reasonable suspicion or voluntary consent or pursuant to district policy providing for suspicion less security procedures, including the use of metal detectors." This statement protects the district by allowing district officials to conduct a search and seizure if there is a suspicion involved.
-Schools most often conduct searches in events of drug/alcohol use, or theft.

Alamo Heights ISD. (2020-2021). Student Handbook. 
https://www.ahisd.net/common/pages/UserFile.aspx?fileId=45127873 ]]> 2021-12-03 02:10:34 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466443 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466603 According to the Texas Administrative Code the Standard Practices for Texas Educators (SBEC) educators are to "protect the safety and welfare of Texas schoolchildren and school personnel". 
-This is important because search and seizure call fall under this category and this code of ethics because it is our duty to provide a safe and secure learning environment. If someone and some thing does not allow for a a safe environment for the students and staff then action needs to be taken in order to create a safe space. This could result in a search and seizure of someone's personal items. Knowing the laws and district policies related to search and seizure can help to assure that we protect the safety and welfare of the children and staff.

19 Admin. Code §249.5 
https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=1]]> 2021-12-03 02:10:39 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466603 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466761 School ownership of lockers (no expectation of privacy). The school system has a written policy regarding lockers stating that the school system retains ownership of the lockers. Without a legitimate expectation of privacy, the random search of a locked is not a search under the Fourth Amendment. This is important because most middle school campuses have lockers, and the Administration teach always has access to those lockers. Setting the expectations clear for students, parents and teachers is expected upon arrival of offering students the opportunity to use a locker provided by the school. 

Juvenile Law Search and Seizure, Section IV, Part E. (2003). 
https://juvenilelaw.org/wp-content/uploads/2017/06/SearchSeizure.pdf ]]> 2021-12-03 02:10:44 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466761 hwelch41 https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466908 It is crucial that every staff member on campus is aware of the laws and district policies which are related to search and seizure. 
1. Develop an understanding of the Fourth Amendment and who is protected under this law, as well as what is required before attempting to perform a search and seizure. 
2. Explore current and past news articles and court cases which pertain to the legalities of search and seizure. By reviewing cases that have already been brought up, you are able to create scenarios and ideas which compare to the ones you read about and you will be able to have a general idea of how to handle the situations. 
3. Evaluate the local district policy, and specific school policy related to search and seizure to determine your rights based on your position within the school district (bus driver, teacher, counselor, principal, etc.). 
4. Connect with local law enforcement if you have any questions regarding your rights concerning the search and seizure legalities. 
5. Offer opportunities for open, monitored discussions pertaining to the topic if/when it comes up in current news, or an assignment for students who are curious. Encourage students to research the topic and determine the laws, as well as their rights as an individual who is under the age of 18. 
6. Consult with your administration team if you or a student notices a health or safety issue concerning one or multiple students or staff members. It is important to know that the safety of students and staff members is top priority and if actions need to be taken to perform a search and seizure then proper protocols and precautions will be taken to ensure the safety of all individuals involved. ]]> 2021-12-03 02:10:50 UTC https://padlet.com/hwelch41/ht8ynyg4pj053s24/wish/1926466908