You are at school and have just shut your locker when a smoke bomb goes off in the hall near you. Several teacher rush to remove the smoke bomb. Several minutes later one of the teachers ask you to open your locker so they can search it. Do you have to open your locker for them?
Discuss your answers as a small group.
Your job is to become familiar with student rights and the laws and cases governing searches and seizures in public schools.
Bayview High School, a racially mixed city school, enjoys the reputation of being relatively free from disciplinary problems. The administration is proud of the school and attributed this distinction to faculty cooperation and a system of communication that alerts the staff to potentially dangerous situations.
Recently, there have been some disturbances in the student body and there have been some fights instigated by racial epithets. The staff, aware of these hostilities, was alerted to watch for weapons and other dangerous articles in the possession of students.
One Monday at lunch, Ms. Miller announced in the staff dining room that her wallet had been taken from her purse that morning. Twenty dollars was missing.
After classes ended that afternoon, Chico Diaz walked into the school store before leaving the building. He carefully took off his sweatshirt, checked the pockets, and placed it on a desk. He proceeded to the counter to purchase some school tee-shirts, notebooks, and pen sets. He produced a twenty-dollar bill as payment. Ms. Burner, the teacher in school store, noticed the bill, and she became suspicious. She went to the desk and looked in the pocket of Chico's sweatshirt, thinking that Ms. Miller's wallet might be there. What she discovered instead was a large switchblade knife. She placed the sweatshirt back in its original position and immediately summoned Mr. Marconi, the dean of discipline.
Mr. Marconi requested that Chico empty his pockets. When Chico did what was asked, the knife was discovered. Mr. Marconi, a strict disciplinarian, called in the principal, Mr. Lopez. Chico was informed that he was to leave the building immediately and consider himself suspended, pending a hearing on the matter the next morning with representatives of the school board.
Before the staff left the school, Ms. Burner was asked to visit Mr. Lopez in his office, and he asked her to be a party in the suspension hearing. Ms. Burner explained to Mr. Lopez that she had searched Chico's sweatshirt because she had been suspicious about another matter, not the knife. The knife had not been in sight. Mr. Lopez asked if Chico had seen her do this. When she replied that he had not, he said, “Good. At the hearing tomorrow you say that you saw the knife hanging from his pocket. That will satisfy the board.”
The board of education heard the "facts" about Chico and decided to expell him for the remainder of the school year. Chico and his family sued the school board in the local district court.
As a group you are going to "try" the above case in a "mock" trial to be held in class at a pre-scheduled date. Your professor will be the judge and your classmates will be your jury. You each should assume one of the "roles" below and research relevant laws and court cases that pertain to this case. Each of the legal teams should prepare a "legal brief" summarizing your arguments before the court. Each team will present your arguments before the court on the pre-schedule date. Your team will also have to submitt your legal brief to the judge the day of your hearing.
You are representing Chico. Your task is to argue before the judge and jury that Chico has been denied his 4th Amendment rights. Use the web sites below to locate information about Chico's rights as a student and citizen. Use the laws, court cases and information you find to develop the argument and legal brief you will present to the judge and jury at your prescribed court date.
Oyez,Oyez: This site will allow you to search for U.S. Supreme Court decision pertaining to Chico's 4th Amendment rights.
Findlaw Supreme Court Search: This site allows you to search for more detailed U.S. Supreme Court cases.
Federal Court Opinions: This site allows you to access cases for the federal and circuit courts.
Findlaw Legal Resources: This site allows you to search for laws and court cases.
ACLU Student's Rights Page: This site contains information about the rights students have while in schools. This site may give you additional ideas about what rights may or may not have been violated by the school in deciding to suspend Chico.
Sybil Rights: This site contains PDF files and Internet links to identify and explain the rights students have while attending school.
You are representing Bayview High School. Your task is to argue before the judge and jury that Chico has been expelled fairly and that his rights have been upheld. Use the web sites below to locate information about student rights, laws, and court cases that will help you develop the arguement and legal brief that you will present to the judge and jury at your prescribed court date.
Oyez,Oyez: This site will allow you to search for U.S. Supreme Court decision pertaining to Chico's 4th Amendment rights.
Findlaw Supreme Court Search: This site allows you to search for more detailed U.S. Supreme Court cases.
Federal Court Opinions: This site allows you to access cases for the federal and circuit courts.
Findlaw Legal Resources: This site allows you to search for laws and court cases.
ACLU Student's Rights Page: This site contains information about the rights students have while in schools. This site may give you additional ideas about what rights may or may not have been violated by the school in deciding to suspend Chico.
Sybil Rights: This site contains PDF files and Internet links to identify and explain the rights students have while attending school.