Student Search Revised
Yes, the teacher has the right to make the request based on the Fourth Amendment since it is a reasonable suspicion where the teacher had spotted the suspicious protruding object. Also, the teacher has the right because the suspected protruding object could pose some serious threat to the school, other students, and the student carrying the object (“Drugs and Schools: Legal Issues A Guide for Principals,” 2009).
It is true a student has a right to his or her privacy concerning his personal belongings, body or space. However, under the current circumstance where the teacher is suspicious that the child is carrying a protruding object that could be harmful, the student does not have the right to refuse the search based on the Fourth Amendment (Ehlenberger, 2002).
Since the teacher was suspicious of the object that the student was carrying and the child is not willing to remove it, a pat-down could be used to obtain the suspicious object. However, when the physical search is done, it should be by school personnel of the same gender as the suspected student. Also, the search should be conducted in a private place (Feldman, 2013).
Yes, the search would be legal because the suspicious object that the teacher had seen could be a dangerous weapon that the student might have wanted to use to cause harm to himself or herself, the school personnel, or other student…
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