Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. Before an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.
The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.
Is this an invasion of the student's privacy?
Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place in school that they can call their own. Many students decorate their lockers to reflect their own unique personalities," reports Davis, Kelsey, Langellier, Mapes, and Rosenthal (2003). Students have a rough enough time in school with peer pressure and now schools are taking away the last area where the student could maintain a sense of individualism.
The website, law.freeadvice.com (2010), under the topic, "Can a school official search a student's locker?," reports, "Courts will weigh a student's right to privacy against a school's need to obtain evidence of school rule violations and violations of the law. This "reasonable suspicion" standard has been upheld in challenges to locker, desk, and car searches." Reasonable search can be constituted if: teacher observes activity that is suspicious, parents call in, student tips, student has large amount of cash, or increased phone usage.
Students need 'some' form of privacy, they can their own. Lockers, backpacks, desks, purses, and vehicles are searchable at anytime and in rare cases even strip searches...
Where do you draw the line between the safety of the student and school workers and the rights and privacy of the student? School is a tough time in a teenager's life with peer pressure, learning where they fit in to society, and the added school work as they progress each year in grade. Students need some assurance of privacy and maybe new technology can provide some answers to ensuring safety while letting students maintain a level of privacy. The only problem is the initial cost of this technology such as smart lockers. The locker is programmed to monitor the number of times the locker is opened, the actual time the locker opens, and frequency the student makes trips to the locker. There are no easy answers to locker searches and the debate will continue.
Bibliography
American Civil Liberties Union of Utah. (2010). Search and seizure. Retrieved on April 9, 2010
from http://www.acluutah.org/SKYR4.html.
Davis, K, Kelsey, J, Langellier, D, Mapes, M, & Rosenthal, J. (2003) Surveillance in School
Safety vs. Personal Privacy. Retrieved on April 9, 2010 from http://students.ed.uiuc.edu/jkelsey/surveillance/locker.htm
Law Free Advice. (2005). Can a school official search a student's locker? Retrieved on 2010
from http://law.freeadvice.com/government_law/education_law/student_locker_search.htm
Thiagarajah, N. (2006). School lockers: What can a teacher search? Retrieved on April 9, 2010
From http://www.legalzoom.com/us-law/privacy/school-lockers-what-can
World Law Direct. (2004). School locker searches. Retrieved on April 9, 2010 from http://www.worldlawdirect.com/article/825/school-locker-searches.html
