Special needs searches vs individual privacy


To keep schools safe, most administrators err on the side of searching rather than not searching. For example, security screeners may ask passengers to open carry-on bags, if the x-ray image shows a suspicious shape that may be an item dangerous to the airplane.

The Right to Search Students

Online patron records and privacy: Charles Pratt, 1st Earl Camden established the English common law precedent against general search warrants. Have less intrusive means to combat the problem been exhausted.

However, the Supreme Court arrived at this rule by considering the time it takes to complete administrative steps typically incident to arrest.

Customs official is allowed to "stop, search, and examine any person upon whom an officer suspects there is contraband" 19 U. The fact that the search of all but one student in a class fails to reveal allegedly stolen property gives school officials reasonable suspicion to search that student DesRoches v.

Discipline and conviction are two secondary purposes.

Special Needs Searches vs. Individual Privacy Essay

Later, this test was arranged into a two prong test for assessing the reasonableness of an expectation of privacy: Because torts are governed by state law, the variety of claims in particular factual scenarios and in particular jurisdictions may vary widely.

It is technically possible to intercept E-mail messages, and the reading thereof is normally justified by companies because they firstly see the technology infrastructure E-mail as a resource belonging to the company and not the individual, and secondly messages are intercepted to check on people to see whether they use the facility for private reasons or to do their job.

Fourth Amendment: Everything You Need to Know

Guidelines calling for operators to focus only on objects that may be a threat to the airplane may be even more difficult to follow when operators are confronted by the image of an individual carrying a broad array of articles on their person.

Under other circumstances, manufacturers or operators may be found liable for injury due to the operation, maintenance, inspection, etc.

Special Needs Searches vs. Individual Privacy Essay

These numbers are equivalent to stopping approximately people at the Dallas-Fort Worth International Airport each year to identify 40 to 50 people carrying weapons. Immunity protects administrators acting in good faith in a gray area of the law.

Constitution and 2 potential claims of injury to physical or other interests due to the screening process. Nevertheless, everyday 'booking' procedures routinely require even the merely accused to provide fingerprint identification, regardless of whether investigation of the crime involves fingerprint evidence.

Superior Court, ; Reynard v. The Schmerber Court posed two questions: Perhaps the most controversial random search is the use of drug-sniffing dogs in schools.

Another factor balanced against the special needs of the government is the nature of the privacy intrusion. Although there is a good reason for it, "the intrusion is not insubstantial. Operators of this type of equipment need to be aware of the necessity to protect individual privacy during security screening to minimize this type of action.

SPECIAL NEEDS SPECIAL NEEDS SEARCHES SEARCHES • Directed at public generally • Don’t require warrant, probable cause, but must be reasonable • Reasonableness balances special need against individual.

considered in the context of an individual’s legitimate privacy expec-tations, which necessarily diminish when he is taken into police cus-tody.

Bell, supra, at Such searches thus differ from the so-called special needs searches of, e.g., otherwise law-abiding motorists at checkpoints. DuckDuckGo's privacy page provides a comprehensive explanation of why you should care about search engine privacy.

It's a good idea to avoid using the same website for both your web-based email and as your search engine.

The Right to Search Students. Kate R. Ehlenberger. Schools must strike a balance between the student's right to privacy and the need to maintain school safety. School officials conduct individual searches when they suspect that a student or a small group of students possesses evidence of a violation of the law or school rules.


Fourth Amendment to the United States Constitution

Of the different special needs searches available, they all have common characteristics being that they: (1) Are directed at people in general, not suspects 12) Can result in criminal prosecution 13) Don’t require warrants or probable cause and 14) Reasonableness depends on balancing special government needs against invasions of individual.

Special needs searches vs individual privacy
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Fourth Amendment: Everything You Need to Know