Thursday, September 23, 2010

Amendment 4 - Unreasonable Searches and Seizures

http://arstechnica.com/tech-policy/news/2009/09/expelled-student-sues-over-unreasonable-cell-phone-search.ars


        Expelled student sues over " unreasonable" cell phone search 


Amendment 4 states : " The right of the people to be secure...... against unreasonable searches and seizures......". This means that the police or anyone can't search a citizen without probable cause or a warrant. 


 The article was about how a teenage boys cell phone was confiscated. At his school there is a " no cell phone " policy. He received a text message from his dad. He got caught by the teacher and his phone was taken. Everything was constitutional and right until they went through his phone and found a video of his and him dancing in his bathroom , when they saw his friend holding a bb gun. They then suspend him and eventually expelled him saying they the might have been a danger to there school. His parents sued the school because they said it was " unconstitutional" for the principal to go through their son phone without a warrant. They were violating his 4th amendment right. 


    In my opinion the school was violating his 4th amendment right. They shouldn't have went through his phone. They in return found something they didn't want to see. I don't think that the bb gun was a reason to say that he was a "danger" to their school. He shouldn't have been suspend and it was a good thing for his parents to take them to court. 


   

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