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Fourth Amendment

Essay by   •  July 8, 2011  •  Essay  •  475 Words (2 Pages)  •  1,161 Views

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Society is not stagnant. It fluctuates and changes based on its people and their needs. Since the initial scribing of the Bill of Rights in 1791 our society has grown greatly. Although we still refer to the Bill of Rights for definitions of our basic freedoms, new liberties are taken with the interpretation of its initial meaning. This historical document was written during a time of separation from monarchy ruling. The basic rights and freedoms provided in the Bill of Rights continue to defend our current society and provide well defined and unbiased rights for all people. It is my opinion that the Bill of Rights does not need to be altered to meet the changes of our society. The Supreme Court has taken liberties with interpretations to adapt with society's changes and in a sense update the initial intentions of the document to meet current times.

Not every search, seizure, or arrest must be made pursuant to a lawfully executed warrant. The Supreme Court has ruled that warrantless conduct may comply with the Fourth Amendment so long as it is reasonable under the circumstances.

How would you feel if you were a student in school and were strip-searched by suspect because you were with a suspicious group of people or if other students made accusations about you? If teachers are looking for drugs or guns, sure they have cause, and in my opinion should be able to strip search. But since they still have to prove that the search was necessary, you could refuse if desired based on this amendment. The strip searching may be unnecessary, but possessing these items violates school policy. If there was an accusation that you might have a prescription or non-prescription drug, teachers should be allowed to conduct the search because the school officials have their own responsibilities too.

Savana Redding, an eighth grader at Safford middle school, was strip-searched by her school officials because her classmate's accused her of having a prescription drug in her possession. Her Constitutional Right which guards her from being "unreasonably searched" may seem to have been violated by the school officials. Although the strip-searching in school was violation of the Fourth Amendment, as the Supreme Court decided, the school officials have, in my opinion, a right to search students under the Fourth Amendment as long as they offer proper environment in school and the search was reasonable.

The strip search of Savana may have seemed unconstitutional due to lack of proper reasoning to search her body. However, school officials deemed the search reasonable based on other student's accusations and their belief that Ms. Redding had removed the drug from her backpack and was hiding it on her person. In my opinion the search was reasonable because of the school's officials own responsibility to make a proper educational environment by limiting problems.



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