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Posted on July 21st, 2015, by

Search and seizure fourth amendment essay

The Fourth Amendment to the US Constitution is aimed at protecting people from unlawful search and seizure. It states that every person has a right to secure their property and documents against unlawful search and seizure, which should not be violated in any case. However, at schools, for example, search and seizure is considered a necessary measure taken for safety purposes. It is suggested that such measure may help to detect dangerous objects that might be carried to school by children or some unauthorized persons. If to investigate this issue deeper, one may find both pros and cons of search and seizure. The benefits and drawbacks of this procedure will be analyzed below.

It is suggested by some people that search and seizure is aimed at protecting citizens from unlawful actions of others. In various institutions, including schools and other establishments, people might carry weapon or some dangerous objects with the help of which unauthorized persons can cause harm to other people. The search and seizure principle is to detect unlawful objects such as guns and knives in order to protect people’s lives in life-threatening situations. It is claimed that search and seizure is a must in schools and other educational institutions. It is considered that such a measure would help to protect school children from being caused some kind of damage. Thus, the backpacks and other personal property are to be searched by the school officials in order to detect some hazardous objects.

However, such a measure is associated with a number of drawbacks. First and foremost, it is suggested that search and seizure directly violates the human right for privacy. At school, children can no longer feel free to carry anything they want, as the government has taken measures against illegal actions, while the initial purpose of search and seizure is protection against school violence. This has led to a situation when children are thoroughly searched with all of their belongings being looked through by the school administration. The drawback of such a measure is the fact that it violates the civil freedoms of students. This issue is directly related to moral, legal and constitutional rights of a person. There is always a possibility that some dangerous objects will be detected during search and seizure, but it does not make the actions of the government rightful as claimed by the opponents of such procedure.

One more drawback of search and seizure is that it makes the state totalitarian, rather than democratic. In fact, it violates the principles of democracy with all of its freedoms and liberties. In a democratic society, it would not be allowed to carry out search and seizure without any well-grounded reasons. However, this is what is done in today’s American society. In schools and other establishments, people are searched for some dangerous objects. On the one hand, it is associated with some benefits, such as the fact that it eliminates the threat of terrorism, because all dangerous objects that might cause harm to other people are usually detected in the course of search and seizure. It is also beneficial for combating school violence.

Nevertheless, search and seizure directly violates the human freedoms and rights for privacy. It is a clear invasion into a person’s private matters, which is unacceptable in a democratic society. Unlawful search and seizure has long become a norm in today’s American society, which basically violates the human rights of the citizens. Search and seizure stands for invasion in personal life starting from an early age, as this procedure is implemented in schools among others. This means that the basic rights of people are not taken into consideration, which should not be present in today’s developed society. For this reason, the Fourth Amendment should be followed in order to prevent search and seizure from being carried out without any well-grounded reasons.

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