4th Amendment In Schools In Massachusetts
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FAQ
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Students are required by law to attend school, and by statute, principals, teachers, and other school personnel may exercise the same degree of physical control over a pupil that a parent could, in order to maintain order, safety, and a learning environment.
"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 ...
Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.
The amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults.
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults.
