Your Rights at School

Essential Question: To what extend do my rights change when I walk into school? 

Starter 4- Pop Quiz! 
We'll take a brief quiz on what we learned yesterday.  Usually, these will be graded, and will be entered into the "Are you learning stuff?" category in the gradebook.  Today we'll grade it, but it will not count – it is for you to gauge your own learning.  On the reverse side of the quiz is a summary of all the content we covered yesterday.  Don't look, or the quiz results will tell you nothing about how effectively you are learning. 

Summary:

1. Our protections against unlawful search and seizure mainly come from the 4th Amendment of the US Constitution
   
2. You absolutely cannot be stopped (seized) and patted down (not a full-blown search, but still pretty invasive) without REASONABLE SUSPICION.  This is called a Terry Stop and it is ONLY to look for weapons in the case of a reasonable, articulatable danger to an officer other people.  
   
3. Exemptions to this include: probation/parole, schools, airports, if you consent to be searched, and people already in jail.
   
4. Reasonable suspicion enables officers to pat you down and look for a weapon, but not to go into inaccessible items like backpacks without your consent.
   
5. They may only go into your pockets if they feel (or think they feel) a weapon.  If they go into your pockets and find drugs instead, they may use it against you (but they can't go into your pockets if they 'think' they feel drugs).  
   
6. Officers can only proceed with a full-blow search with PROBABLE CAUSE.  Probable cause is more strict than reasonable suspicion, though still based on the behavior of 'reasonableness.'
   
7. Officers need to show probable cause to a judge in order to obtain a warrant to search and/or seize your property.  
   
8. However, if the officer has probable cause 'in the moment,' this is enough to allow him/her to search you and your property.  (he sees you jam a gun in your belt, drugs in your purse, etc)
   
9. If you flee from the police, you forfeit all of the above privacy rights.  
10. Reasonable Suspicion:   “Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution.”
11. Probable Cause:  “An objectively justifiable suspicion that is based on specific facts or circumstances that justifies a peace officer stopping a person thought to be involved in criminal activity at the time”

 Schools and Privacy

1. A school is, first and foremost, an educational institution.  Schools are challenged to balance students' constitutional rights and the school's need for a safe learning environment. 
   
2. A school's need to conduct searches and discipline students frequently is greater than a student's right to privacy.
   
3. However, schools cannot be “unreasonable.” Some protection of privacy is guaranteed, the question is: How much?

Sample Rulings
Try your luck ruling in 6 different cases of student 4th Amendment rights.  Tell us what you think, then we'll discuss. (Extra copies on Docs page)

Student Case Law Simulation

1. We'll split the class into two large groups.  Pull some tables together. 
   
2. Each group will get a case packet with a different case. 
   
3. Follow the instructions for the particular case that you are given.  You have 25 minutes to finish the exercise.  Good luck! 
   
4. We'll regroup, and each group will present their findings to the other, while the other takes notes and asks clarifying questions. 

Real Life Scenario! 

1. Now, form a group of 4 – make sure that each group has 2 members who looked at each case. 
   
2. I will hand you a real-life scenario. 
   
3. Using what you learned from each case, can you decide how the courts will rule?

Written Ruling
To show me the knowledge you have gained, write a 3 paragraph ruling on the scenario you just discussed in your group.  Your ruling should address the arguments for the student, the arguments for the school, and your final ruling (with your reasoning).  Use all of your knowledge you've gained so far to make this ruling!  Make sure to write in well-structured paragraphs, and to proofread carefully before turning this in.

Share or email me the typed document before the start of class tomorrow.  I will be grading it based on completion, content knowledge, and the strength of your reasoning.

HOMEWORK 
Finish Written Ruling (see details above).  Share or email to Lori.  DUE: Start of class, Wednesday.