Schools are entitled to student searches. regardless of a warrant
Debate Rounds (4)
1st round: agreement
2nd round: argue
3rd round: Rebuttals
4th round: Conclusions
I am going to organize my argument on three contingencies, labels alphabetically.
But first, I would like to proved some simple definitions that suit the overall topic.
Civic Virtue: "Civic virtue is the cultivation of habits of personal living that are claimed to be important for the success of the community."
Fairness: "lack of favoritism toward one side or another"
Now that definitions are out of the way, I will start my first point by applying these definitions to my argument. Under my definition of "civic virtue", sacrifices must be made for the overall good of a community. For a school to be able to strive for success, the environment has to feel safe, and/or danger-free. Therefore, civiv virtue in the school campus would uphold the millions of tax dollars given to public schools each year. Also, under my definition of fairness, since the school is to show no discrimination to the body they are searching, then everyone is being searched fairly. Now I don't believe that searches should be a regular thing, only that when a school has reason to believe something is going on, they should have the right to act in an appropriate manner.
For my second contingency, I would like to point out the safety measure. Schools have to be able to search a student, or a students possessions in a time of suspicion. For example, the school ought to have the right to search students lockers. A multitude of things can be put in student lockers, and they are basically the schools property anyways. But schools simply do not have time to go to the courthouse, and obtain a warrant, if they have suspicion a student is plotting something.
Finally, I would like to give a few examples. for student-athletes, drug searches/tests are a huge thing, for understandable reasons. If an athlete is taking drugs/steroids, then they have an advantage over the rest of the population (depending on the type of drug. Obviously Crack will not allow for an athlete to preform in his prime!) Now, for my final example.
For my closing statement, I would also like to bring up some points I believe you might bring up, so I will save you some time and effort.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I am going to focus on the part where it talks about unreasonable searches. If a bullet is found in the hallway, the school has "reason" to search students.
Thank you, I am finished
Voxol forfeited this round.
Safety Vs. Liberty has always been an issue, especially at schools. I believe that schools should obtain a warrant though before searching a students property for the following reasons:
A. Allowing schools to search a student's property (Not a locker) gives school administrators unrestricted access to a student's possessions. A system must be in place to limit or oversee what these administrators are doing, and by obtaining a warrant, a 3rd party can do this. Without this system in place I can see administrators abusing this power.
B. School administrators cannot alone determine if a search of a student's personal property is "Reasonable". Like I said in my first reason, a 3rd party (Judge) must be involved in the decision. The school administrator cannot act as judge in this decision.
You have only one point, but have two arguments to back it up, so I will thoroughly examine your arguments.
"Safety Vs. Liberty has always been an issue, especially at schools. I believe that schools should obtain a warrant though before searching a students property for the following reasons:
A. Allowing schools to search a student's property (Not a locker) gives school administrators unrestricted access to a student's possessions. A system must be in place to limit or oversee what these administrators are doing, and by obtaining a warrant, a 3rd party can do this. Without this system in place I can see administrators abusing this power."
Okay, since you did not provide an example, I will substitute my own. Let's just say, a purse. Let's suppose a teacher had a reason to suspect that a student was hiding a pistol in their purse. Do you understand how long it takes to obtain a search warrant? Now, she you have the opportunity to seize the bag, but you can't take it because you must get a warrant first. Also, the entire class, that you were responsible for, is now dead. Also, a third party? Ain't nobody got time for that.
Next, "B. School administrators cannot alone determine if a search of a student's personal property is "Reasonable". Like I said in my first reason, a 3rd party (Judge) must be involved in the decision. The school administrator cannot act as judge in this decision."
Who cares? If your lip balm is mistaken for a bullet, and a teacher asks you to take it out, who cares? This really only effects students who are thinking about committing a crime. Next, you provided no reason why and administrator could not act as a judge. The Admins are there to provide for the general welfare of the student body, which is similar to the job of the judge.
I'm extremely surprised you did not bring constitutionality into this case, so I will go ahead and just go ahead and debunk this.
New Jersey v. T.L.O. (1985)
The teacher had suspicion, and acted on instinct. She caught the student with the pot, and she was removed. Had this been a firearm, that teacher could have saved students lives.
teachers do not have the right to just go through students belongings, however they do have a right to protect the student body. If we must sacrifice liberty for safety, then even the supreme court agrees with me that it is necessary
Thank you, I am finished.
Voxol forfeited this round.
1 votes has been placed for this debate.
Vote Placed by lannan13 2 years ago
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