The Instigator
TheChristian
Pro (for)
Winning
10 Points
The Contender
Hanspete
Con (against)
Losing
0 Points

Schools should need a warrant to search Lockers

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Post Voting Period
The voting period for this debate has ended.
after 2 votes the winner is...
TheChristian
Voting Style: Open Point System: 7 Point
Started: 3/4/2015 Category: Education
Updated: 1 year ago Status: Post Voting Period
Viewed: 782 times Debate No: 71075
Debate Rounds (4)
Comments (3)
Votes (2)

 

TheChristian

Pro

Outline-

1-acceptance ONLY if desired, why you accept.

2-Arguments ONLY

3-Rebuttals ONLY

4-Conclusion
Hanspete

Con

So I accept :P Good luck my baby boy. :D :D
Debate Round No. 1
TheChristian

Pro

Well, I really don't like this idea of debating you, but here goes-

The constitution grants rights against unlawful search and seizure. The only way to legally search property is to get a warrant. The 4th amendment reads as follows-

"Article [IV] (Amendment 4 - Search and Seizure)

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."


This is the amendment that places the requirement a warrant. HOWEVER, the lockers are school property, however, in contrast, these lockers could be considered "Effects (being defined as "goods; movables; [or] personal property,http://dictionary.reference.com...) of the student because they are being used by the students. The laws that apply to rented property would then apply here."Most states have laws that cover permissible reasons for landlords to enter tenants' homes in the absence of the tenants' permission. They may do so when there's a true emergency, such as a fire or gas leak, and when it's clear that the rental has been abandoned. But a request by a police officer to enter a rented home, without more, is no justification for the landlord to turn over the keys. The same is true for hotel operators. Of course, if the police return with a warrant, that's another matter--just as the tenant cannot refuse entry, nor can the landlord."-http://www.nolo.com...


Also, There are many reasons that it should be banned. Here are a few such reasons-


The biggest drawback to a school locker search is the lack of trust students may feel as a result of actions they see as an invasion of privacy. Because students may keep personal items in their lockers, such as photographs and personal letters, even a search with the best intentions can appear to be a major breach of trust by teachers and administrators, causing a rift between the student body and the faculty.


School locker searches may also run into any one of a number of legal issues. The actual legal status of a locker search will eventually depend on the reasons for suspecting a locker of containing dangerous or illegal contents and the presence or absence of a locker search policy known by students. If a student or her parents choose to take legal action against a school because of a locker search, a costly legal battle could follow.


(http://classroom.synonym.com...)


In legal situations, the school generally wins because the lockers are believed to be school property. That much is obvious.


HOWEVER-


If we were to go into why most school searches happen, it would be obvious- drugs.


Recently (meaning today) there was a drug bust at my school. The dog barked over something, and every locker it was near (including mine) was searched. Nothing came up in any of these lockers. There are scratch marks on the lockers due to this search. Not one drug was found. On suspicion of smelling, at least 8 lockers were searched, and multiple students were questioned. Simply because a dog thought it smelled drugs. And with that, I turn the argument to Con.



Hanspete

Con

Hanspete forfeited this round.
Debate Round No. 2
TheChristian

Pro

My opponent has already forfeited the debate because this round is for rebuttals only. The most he could do is rebut my argument.
Hanspete

Con

Hanspete forfeited this round.
Debate Round No. 3
TheChristian

Pro

My summary and conclusion are that it is unconstitutional for a random search and seizure. The lockers are the effects of the students, and as such are subject to the same laws as a house. The tenent must give permission, or the landlord must. However this must only occur if a danger is lurking. If such danger were to be, then the school has reasonable and probable cause, a reason to search, if a warrant is provided.

The only way for my oponent to win anything by now is if he posts all his arguments in this round. This will cost him conduct, but he may win the rest. In any event, if my oponent can post, he has not been able due to a glitch, he may win. If he does argue, please give him a fair evaluation.
Hanspete

Con

Well I hope my arguments will show now...

A1: Schools are a public forum, not a private place, searches are reasonable.
Debate Round No. 4
3 comments have been posted on this debate. Showing 1 through 3 records.
Posted by Hanspete 1 year ago
Hanspete
The arguments didn't show up... GOD DAMN IT!
Posted by TheChristian 1 year ago
TheChristian
Don't think that it would do you any good now...maybe you could post them all at once...
Posted by Hanspete 1 year ago
Hanspete
My arguments aren't posting!!!!!!! Does anyone know how to fix that?
2 votes have been placed for this debate. Showing 1 through 2 records.
Vote Placed by lannan13 1 year ago
lannan13
TheChristianHanspeteTied
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Total points awarded:60 
Reasons for voting decision: Forfeiture
Vote Placed by That1User 1 year ago
That1User
TheChristianHanspeteTied
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Total points awarded:40 
Reasons for voting decision: Pro provided a substantial argument while Con forfeited until the last round and provided a weak argument as a rebttal. Also, it's common DDO ettique to not post new arguments at the final round.