A discussion on students rights to search and seizure

According to the police Corporate Communications Unit, 10 murders were committed in the August Town community as a result of gang rivalry since the start of this year. Students and teachers were basking in joy when The Gleaner visited the school yesterday.

A discussion on students rights to search and seizure

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Connections at Firm The roles filled by educators are constantly expanding. Teachers and principals have duties to discipline activities that adversely affect the school climate1 and they are expected to exercise the care and attention of a reasonably prudent parent in keeping students safe.

Friday, August 28, 2009 How a civil lawsuit proceeds is less well known.
Search and Seizure May 31, by Amy E.
About these Resources Search and Seizure in Public Schools By: Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students.

Meanwhile, students carry an ever-increasing depth of personal data around in their pockets. Constant developments in technology understandably prompt an increased interest for students in the protection of their digital privacy.

The question emerging for principals, teachers, and students alike is: Section 8 Rights Section 8 of the Canadian Charter of Rights and Freedoms provides for the right to be secure against unreasonable search or seizure.

A discussion on students rights to search and seizure

This concept is used in two ways. Second, the concept of the reasonable expectation of privacy is relied on to determine whether a particular search or seizure is reasonable.

The strength of the reasonable expectation model is that it requires explicit consideration of all of the relevant factors. It should be sufficiently flexible to take account of technological change.

In searches of student property by school officials, there is no requirement for a search warrant; instead, the educator must have reasonable grounds to believe that a school rule or a law has been violated and that the search will provide evidence of the violation.

The answer will remain unclear until case law emerges to specifically address this issue. However, there is reason to believe that the general principles that have been applied to lockers, knapsacks, and even searches of the person may not be applied without modification to the search of digital devices.

Recent developments in the law relating to police searches in criminal investigations have developed special rules in relation to the search of digital devices. Case Law on Search or Seizure of Digital Devices Recent case law from the Supreme Court of Canada has demonstrated that courts will not take privacy interests in digital devices lightly.

The Supreme Court has prescribed enhanced protections to digital devices as opposed to other items to be searched. R v Vu One example is R v Vu. The issue before the Supreme Court of Canada was whether the search warrant that authorized the search of a location was sufficient to authorize a search of a computer found in that location.

Search and seizure discussion | The Collegian

The general principles of search law would suggest that the answer should be yes: However, in Vu, the Supreme Court unanimously held that this general principle does not apply to computers unless the warrant explicitly so specifies.

In Vu, the general rules of search law were modified because of the special privacy issues that present themselves in searches of digital devices. The Court reasoned that "it is difficult to imagine a more intrusive invasion of privacy than the search of a personal or home computer.

These factors, understood in light of the purposes of s. Under the general search law, the police can, without a warrant, conduct a search of a person whom they lawfully arrest.

A discussion on students rights to search and seizure

This same power also enables warrantless searches of the general area around, as well as the belongings of, a person who has been placed under arrest. The majority of the Supreme Court decided that the power of search incident to arrest included the power to search a cell phone found on the person at the time of arrest.

However, the majority imposed a number of special conditions on the exercise of that power, saying: As a result, my view is that the general common law framework for searches incident to arrest needs to be modified in the case of cell phone searches incident to arrest.

In particular, the law needs to provide the suspect with further protection against the risk of wholesale invasion of privacy which may occur if the search of a cell phone is constrained only by the requirements that the arrest be lawful and that the search be truly incidental to arrest and reasonably conducted.

Vu and Fearon arose in the criminal context. However, they raise the question of whether, when educators search a digital device, the relaxed constitutional standards that have been applied to school searches will need some modification to provide enhanced safeguards of student rights.

The law may yet develop to provide enhanced protection against searches of student devices, necessitating either heightened search objectives e.

Failure to prevent serious harm to students may open educators to liability from negligence actions if school officials fail to perform their role to the standard of a "reasonably prudent parent.

When searching a student device, educators should keep a record of what was searched, the reason for the search, and the extent to which the device was searched. All searches of student devices by educators should be narrowly tailored to the purpose of the search itself.What rights does a public school have to search its students?

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It had some rights, but not unlimited rights. The question of when a public school can search a student or a student’s locker, backpack, purse, or other possessions first came before the Supreme Court in Sep 25,  · % non-plagiarized Papers; 24/7 / Service Available; Affordable Prices; Any Paper, Urgency, and Subject; Will complete your papers in 6 .

Search, Seizure, and Miranda 2 Tell the students that we’re going to talk more about Miranda rights in a little while. But first, we’re going to tell a story. Director of the School of Engineering at the University of the West Indies (UWI) Mona,Dr Paul Aiken, has warned that if students coming out of tertiary institutions are to become leaders of Jamaica, they must improve their problem-solving skills.

contents should be free from unreasonable search and seizure.

Less swotting, more critical thinking, UWI lecturer urges students | Lead Stories | Jamaica Gleaner

A school administrator must have reasonable cause to believe that a student has violated school policy before searching a locker. Emotional Intelligence And Self Assessment - Self-Assessment Review According to Bradberry and Greaves, emotional intelligence is “your ability to recognize and understand emotions in yourself and others, and your ability to use this awareness to manage your behavior and relationships” (pg.

17).

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