Freedom EDU 520/ Educational Business Law Introduction The purpose of this paper is assess the limits search and seizure in public schools‚ apply specific ruling‚ analyze the New Jersey v. T.L.O. case and explain‚ recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure and peer review. School officials are responsible for providing a safe and orderly school environment. The officials are required to address
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the Fourteenth Amendment to the Constitution states‚ in simple terms‚ that everyone who is born or naturalized in the United States are citizens of the United States and of the state they live in. No state can enforce laws which limit the privileges or immunities of United States citizens nor can they deny any citizen the right to life‚ liberty‚ or property without due process of law. The states cannot deny any citizen the right to equal protection of the law. The Fourteenth Amendment is made of of
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critical point to be noted is that the Fourth Amendment only applies to government action‚ which includes deputized individuals or those acting at the direction/behest of law enforcement. Additionally‚ the Fourth Amendment requires not only an actual expectation of privacy‚ but also‚ a societally recognized‚ reasonable expectation of privacy in the place or area searched. The Fourth Amendment has been interpreted to: require that searches and seizures be reasonable; and prohibit warrants except those
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Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines (1969) broadly stated that students retain their first amendment rights when they enter the school‚ but the breadth of that statement is not without limit. Schools may narrowly curtail free speech rights to the extent necessary to maintain good order and prevent distractions and disturbances in the school. (Tinker v. Des Moines‚ 1969‚ p. 514) Issue The Seattle School District
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Basic search and seizure warrant requirements A search occurs when an expectation of privacy that society considers reasonable is infringed by a governmental employee or by an agent of the government. Private individuals who are not acting in either capacity are exempt from the Fourth Amendment prohibitions. A seizure refers to the interference with an individual ’s possessory interest in property. To meet the definition of an unreasonable seizure‚ the property ’s owner must have had a reasonable
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and arson investigators need to be aware of search and seizure laws. There have been several court decisions and laws created regarding proper search and seizure procedures for fire and arson investigators. Research into these laws and court rulings will help fire and arson investigators understand what type of search warrant is required‚ if search warrants can be obtained‚ and who can obtain a search warrant. Search Warrants for the Fire and Arson Investigator
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Four The establishment of the First Amendment created a sense of change. The First Amendment clauses were different from the “Establishment” Clause‚ because the Establishment initially stated that no single church or set of beliefs can be predominate over others. While on the other had‚ the first Amendment allowed a right of free exercise of religion. This ultimately means that any religion has their right to be absolute. These clauses allow people to not feel forced into practicing a
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Describe the Legal rights juveniles have today To protect juveniles from self-incrimination‚ provisions were made to have the Miranda rights available before being questioned by the police. A 1979 us supreme court ruling found that juveniles should have a waiver and be old enough to understand the consequences of waiving their rights. The Miranda rights also protects juveniles against the unlawful search of their personal property‚ unless it is to maintain order and safety among other students
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JUVENILE RIGHTS 1 Juvenile Rights Kimberly Burrows CRJ 301 Farrell Binder April 11‚ 2011 JUVENILE RIGHTS 2 Juveniles have different rights at the time of arrest then adults have. There are also additional protections for juveniles that adults don’t have. In this paper I will compare and contrast the additional protections afforded to juveniles as compared to adult offenders‚ I will discuss a juveniles rights at the time of arrest‚ and my opinion on whether or not
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of the 14th Amendment‚ the three clauses of the 14th Amendment must be understood. These clauses help define what it means to be a U.S. citizen. The privileges or immunities clause was first written in Article IV section two. It was then written again in the 14th Amendment after slavery was abolished in order for equal protection guarantee. The federal government wanted to insure that states respected the rights and freedoms of former slaves. In the first section of the 14th Amendment it states‚ “no
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