School Shooting Research Paper

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FOURTH AMENDMENT SEARCH AND SEIZURE [pic] SCHOOL SAFETY LAW Edmund Zigmund Senior Legal Instructor United States Department of Homeland Security Federal Law Enforcement Training Center Glynco, GA 31524 Edmund.Zigmund@dhs.gov (912) 280-5447 INTRODUCTION Drugs, weapons and violence have infiltrated our nation’s schools. Between 1996 and 2003, twenty-six (26) school shootings occurred in the United States.[i] On April 20, 1999, the nation’s deadliest school shooting occurred at Columbine High School in Littleton Colorado.[ii] Students Eric Harris, age 18 and Dylan Klebold, age 17, killed twelve (12) fellow students and a teacher.[iii] They also wounded twenty-three (23) other students before killing themselves.[iv]…show more content…
First, in general street enforcement actions, police officers can conduct a frisk or limited pat-down during a Terry investigative detention when reasonable suspicion exists that a suspect is currently armed and dangerous. Unlike Terry street encounters, reasonable suspicion in the public school environment authorizes a search (not just a frisk) of any place that could reasonably contain the object of the search, for example, a student’s person, locker, automobile, book bag, etc. Second, school police officers should fully describe their role within the school environment when testifying at suppression hearings. Such testimony might include facts that the officer works full-time in the school, has an office in the school, teaches classes at the school, etc. Such testimony can allow a court to classify the officer as a school police officer (rather than an outside or independent police officer) and apply the lower reasonable suspicion standard to a search. Third, it is prudent for school police officers to work in conjunction with school officials whenever conducting a student search. If this is not practical, student searches conducted by school police officers acting alone have been upheld by some courts. However, many courts have not yet expanded the authority of school police officers, acting alone, to conduct warrantless student searches based on reasonable…show more content…
On appeal, the Court said the "school official exception" to the probable cause requirement for a warrantless search does not apply when the search is carried out at the behest of the police. Here, despite the S.R.O.'s apparently dual role as a school official and a law enforcement officer, the fact that she acted at the behest of a police officer requires the State to prove either that the search was conducted pursuant to a valid consent or probable cause existed to believe that the student had violated the law and had in his possession evidence of that violation. II. GENERAL STUDENT-WIDE SAFETY OR ADMINISTRATIVE SEARCHES Warrantless searches in the public school environment involving groups of students are sometimes “reasonable” under the Fourth Amendment despite a lack of suspicion particular to any individual student. A second line of cases generally follows the United States Supreme Court decision in Vernonia School District 47J v. Acton, 515 U.S. 646, 115 S. Ct. 2386

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