Can Parents/Public School Violate Your 4th Amendment Rights?
Question: They can but they won't get in trouble right? I mean, they can still go into your room without your permission and open your closets, drawers, and backpacks to look for something right? And same applies to public schools? Because public schools take the place of your parents while you're there so they have the right to search your purse or backpack under suspicion am I right? Because I'm getting ready for a debate for my Government class and it's about the New Jersey vs. T.L.O. case of 1982 or something. And my team is debating for NJ against T.L.O. And my topic is that T.L.O. was a drug dealer, which is difficult to do since the Vice Principal found the marijuana WAY after he searched her purse, which can be argued as violating 4th Amendment rights. So how can I argue that the VP "did not" violate her 4th Amendment rights by finding marijuana in her purse. Help me please? You can answer my first question then feel free to help me with my argument. And by the way, there will be another team representing T.L.O. so a lot of butting heads will happen. Thanks!
Best Answers: Can Parents/Public School Violate Your 4th Amendment Rights?
There are special cases that you have to be aware of. First, being on government property means that you hand over your rights to the government except those outlined in the institutions by laws, laws, etc. (such as a student handbook). Secondly, as a minor, you are not subject to the same rights. While under your parents, you are considered in their care and therefore your full adult rights are not protected. When you go to school, the care passes from your parents to the government, principal and school. They then have the right to search you with out cause.
Originally Answered: Do you think my parents should let me try public school? please answer?
Tricky subject. Since you are obviously still at home, your parents have every right, no matter how unjust you perceive it to be to search your room. It is their house and you are under their "law". As far as school goes, I do not believe that they can search your personal belongings without a police officer present but if they decided to peek into your locker only, then they have that right as the locker is not your personal property but you are in usufruct of such property. Meaning, that you may have the privelege of use as to how you see fit, you do not have the right to sell, damage, etc., said property. It is in the schools posession and thusly state property if it is a public school. A teacher however cannot decide they will rifle through your bag or other posessions if you are in posession of them at the time if I am correct.
I'm not sure whether you are for or against searching purses and lockers or what. But, while I wouldn't want them to go through my things, they have the right to if they have reason to believe you have drugs or whatever.
Originally Answered: How do we resolve the time-gap issue in 2nd Amendment rights debates?
Civilians don't have gatling guns. Also guns did not take 60 seconds to reload either. An experienced shooter could get off several rounds a minute.
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