Saturday, August 28, 2010

Search and Seizure

Source:
 "Strip Search of Middle School Student Illegal: Supremes"

http://www.newser.com/story/62823/strip-search-of-middle-school-student-illegal-supremes.html

Constitutional Connection:
Amendment 4: "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."

Analysis of the Connection:
        The founders had made sure that not one person's safety would be violated unless probable cause.  No warrant should be in affect unless the person is the suspect of infridgement or treason.  If there was to be a seizure there has to be a confirmation of the warrant describing the place that is going to be searched. 
        The founders made sure that there has to be an Oath and affirmation of a search and seizure.  The founders made sure there cannot be unreasonable searches and seizures or this would a violation of the fourth amendment.

Associate Justice of the Supreme Court ruling the strip search on an Arizona Middle School
       In the article "Strip Search of Middle School Student Illegal: Supreme",  Arizona had ordered a warrant to search 13 year old teen who was suspected to carry prescription strength ibuprofen which was illegal.  The school went to get the warrant approved by the Supreme Court where it was successfully approved by an 8-1 ruling.  The teen was searched and no pills or drugs were found.  The search came up negative and the school officials could not be hold liable because they took it to the Supreme Court after the teen had filed a lawsuit.
       I for one agree the school officials could be held accountable for the results and violation of the teen's rights because the action they took did not break the fourth amendment.  The warrant had been approved by Supreme Court justices because of the probable cause.  The reason for illegal drugs was no unreasonable because it could have been a possibility.

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