You as a student do not have any rights over their property. However, once it is opened, they cannot go into your backpack or anywhere that is concealed without plausible cause drug dogs, tip-offs, other forms of illegal items previously found, etc. You as a …. Lockers are property of the school and thus they should have the right to search your locker. Why should they go through a process to search if there are illegal things happening? As long as they do it for good reason and with probable cause.
If they have reason to believe that a student is harboring drugs or other illegal substances, they should have the right to investigate. In my eyes, it is for the safety of the staff and the rest of the students. If they have reason to believe that…. Yes, my school should have the right to search my locker without my permission if they have probable cause.
For example, if the school suspected that my locker was hiding some sort of contraband, then they should have the right to go ahead and search my locker. The same applies if they were conducting a school wide sweep for whatever reason. What would be unreasonable is if the school went ahead and confiscated items from my locker with no good reason. The locker may be school property but because I am using the locker to store my personal things, I also expect to be guaranteed a certain degree of privacy within reason.
For example, if the school suspected that …. Furthermore, if it is suspected that a student is breaking school conduct rules or has anything in the locker that can be used to harm others the school has every right to search without a warrant. Furthermore, if it is suspected that a …. Despite the importance of the privacy of all United States citizens, schools do have the legal right to search student lockers. Schools are environments filled with children, and their safety is of the utmost importance. Schools are environme…. If police had to get warrants for searching public property, many more criminals would be roaming free.
Personally, I think that most of the complaints against compulsory searches are from the students worried the drug-sniffing dogs are going to find their weed stash. Personally, I think that most of the complaint…. Lockers are school property. Principals have the right to search them, even without a warrant or reasonable suspicion. They do it in order to make sure schools are safe. You are simply using their property for a certain amount of time.
It is not yours. They do it in order to make sur…. Private school, or public school, either have the right to look into their own lockers in suspicion, for any reason. The lockers are not private property nor personal property, and those who store personal belongings other than school essentials, are at risk of having their things confiscated or searched.
The lockers are not private prope….
Deez Nuts.......HA GOT EM
This is for the safety of the schools. My second point being that according to the Fourth Amendment 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.
This is just a piece of the amendment, but because schools are government property, they have the right to do this. My second point being that according t…. Security in schools should be more important than privacy in schools. Papers and effects: Goods, movables, personal property. Probable cause: Reasonable grounds for making a search, pressing a charge, etc.
Private property is not something that can be unreasonably searched. Goods and movables also cannot be, regardless of where they are, unless a warrant or probable cause is obtained. Movables are what you put in your backpack that are owned by you. It violates our fourth amendment, no matter how much you think it will protect our safety short term, it will undermine our rights. Pretending otherwise undermines the constitution and lessens the freedom of the student.
Public schools belong to everyone, not the students, not the teachers, not the administration, or the Principal. Schools are somewhat like a business, your desk, your computer, and your telephone all belong to the business. Transparency, is best for everyone involved especially when safety is concerned.
Topic 1: Legal Rights
Schools are somewhat like a business…. A locker is meant to hold your personal belongings. This has been a question for a very long time, and locker specific legal tests are few and far in between. I am a students rights activist and expert and I can say, when, in the past I have defended students on the basis of lockers, this is the argument I have used: New Jersey v. TLO was clear, and the school has a right to search personal property if and only if they either acquire a search warrant, or offer reasonable suspicion that there is contraband or on the personal property.
As students, our parents, and thereby we, pay tuition, and usually a locker rental fee. TLO and associated cases, unless they have the legal backing. You are renting the property from the school district. I am a students rights activist and expert…. It is your locker! There is an expectation of privacy when you have a locker. In order to search your property within the locker, the school needs to have a warrant! In order to search your property within the locker, the school needs to …. If you used a school email to register your comment, please include a phone number so we can notify you by text if your entry is chosen to win.
Hi there! It looks like you may have previously left a comment on Constitution Connection — are you? Trending Now. Should your school have the right to search your locker without your permission? Reading Materials. Nov 1 Student debt and tuition: Warren v. Sanders v. Make college free for all. Current Standings:. A simple search that makes sure students are… [read more]. Jennifer from Georgia. If there is suspicion for a substance that is deemed unacceptable for passing… [read more].
Mckay from Arizona. Lockers are not personal affects, they a… [read more]. Melina from Utah. A locker search is a form of public safety, its a wa… [read more]. Abigail from Alabama. Nathaniel from South Dakota. Amanda from South Dakota.
Tanna from South Dakota. When talking legally then I think the schools should be allowed to open the locker, Maybe peak inside the bag or under a coat. But they shouldn't go through the student's phone or risk seriously damaging the student's personal property. But they should only open the locker if they have a reason for this specific locker other than it came up on the random generator. To summarise, I think schools should not go though lockers and student's personal things without a real reason such as a safety threat.
They are an invasion of personal privacy and if they break your personal belongings i. Electronics they will not replace them which is the destruction of personal property but if you break something that belongs to the school you get in trouble and you have to pay to replace that item. To search lockers when they have reasonable suspicion because there is no legal warrant to search the locker without consent.
Even though many people believe that reasonable suspicion ought to be utilized to stop the threat before it occurs, The contrary argument is it simply leads to too many negative impacts. The fact is simple, The probable cause standard allows for real evidence to be produced in front of a judge with a proper warrant issued to the police allowing students to be searched. The Bill o' Rights specifically states "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.
Now with a suspecting reason, Like marijuana drugs , Or guns told by staff or student, They're able to search and seizure.
Related Opinions Should middle school students have free seating at lunch? Tse ,  1 S. Fliss ,  1 S. Pires; R. Lising ,  3 S. Video surveillance without prior judicial authorization in a home, hotel room, or other place where there is a reasonable expectation of privacy will also constitute an unreasonable search or seizure Wong at pages Text messaging bears the hallmarks of traditional voice communication — it is intended to be conversational, transmission is generally instantaneous, and there is an expectation of privacy in the communication.
Also relevant is the degree to which the investigative technique has the potential to reduce the sphere of privacy enjoyed by citizens. In Mills , the creation of an online profile for a fictitious child allowed the police to know from the outset the investigative technique only capture communications sent by adults seeking out children online who were strangers to them — communications that are not subject to a reasonable expectation of privacy.
This is to be distinguished from techniques that would have the potential to capture private communications, such as sifting through communications before being able to ascertain the nature of the relationship, or the monitoring of communications in hopes of discovering illegal content Mills at paragraphs Documents of a personal and confidential nature or that reveal a personal core of biographical information carry a reasonable expectation of privacy sufficient to attract constitutional protection Mills at page 81; Plant at pages This includes information which tends to reveal intimate details of the lifestyle and personal choices of the individual Plant at page ; Tessling at paragraph Personal computers , because of the vast amounts of information they contain — including intimate correspondence, the details of our financial, medical and personal situations, Internet browsing histories, as well as information that users cannot control and information that they may not be aware of or may have chosen to discard — attract a very high expectation of privacy Morelli at paragraph ; R.
Because of the unique and heightened privacy interests in personal computer data, specific, prior judicial authorization is presumptively required to seize a personal computer from a home Reeves at paragraph Text messages are both private and discreet: receipt of the information is confined to the people to whom the text message is sent; service providers are contracted to confidentiality; no one else generally knows about the existence or contents of the message Marakah at paragraph As such, electronic text conversations are capable of revealing a great deal of personal information para.
A police request for subscriber information corresponding to specifically observed, anonymous Internet activity engages a high level of informational privacy Spencer at paragraphs 47, Commercial documents generally carry a lower or diminished expectation of privacy Branch at page 35; Plant at pages ; Canada Inc. Quebec Attorney General ; Tabah v. Quebec Attorney General ,  2 S. A reasonable expectation may nevertheless be found in commercial documents and section 8 is therefore capable of applying in this context see e.
Information that has not been developed or created in a confidential context, and is accessible to the public for inspection such as publicly maintained computer records, might not carry a reasonable expectation of privacy see e. Images capturing the thermal energy or heat radiating from a building, which are too crude to permit any inferences about the precise activity giving rise to the heat, do not attract a reasonable expectation of privacy Tessling at paragraphs Patterns of electricity consumption as measured by a digital recording ammeter, which is used to measure electrical power flowing into a residence and which permits a strong inference of the presence of a marihuana grow operation, are sufficiently revealing of activities inside the home to attract a reasonable expectation of privacy Gomboc at paragraphs , and ; but see Plant , in which less detailed electricity consumption records were held not to attract a reasonable expectation of privacy.
A demand by a police officer for production of a driver's license does not constitute a section 8 search. There is no intrusion on a reasonable expectation of privacy where a person is required to produce a licence, permit or other documentary evidence of a status or compliance with a legal requirement that is a lawful condition of the exercise of a right or privilege R.
Hufsky ,  1 S. Privacy expectations are generally lower in relation to administrative searches or seizures in regulatory schemes where the purpose of the intrusion is to ensure compliance with the statute rather than the prosecution of criminal acts see e. This is because in a modern industrial society, it is generally accepted that many activities in which individuals can engage must nevertheless to a greater or lesser extent be regulated by the state to ensure that the individual's pursuit of his or her self-interest is compatible with the community's interest in the realization of collective goals and aspirations.
It follows that there can only be a relatively low expectation of privacy in respect of premises or documents that are used or produced in the course of activities which, though lawful, are subject to state regulation as a matter of course Thomson Newspapers ; Fitzpatrick ; White ; Branch. This principle is not absolute, however. The reasonable expectation of privacy in relation to communications subject to solicitor-client privilege is invariably high, regardless of whether the context is criminal or regulatory Federation of Law Societies at paragraph 38; Chambre des notaires.
The degree of personal privacy expected at borders, where travellers expect to be searched, is lower than in other enforcement situations R. Simmons ,  2 S. Jacques ,  3 S.
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The expectation of privacy is reduced in the school setting in relation to the responsibility of teachers and other school authorities to provide a safe environment and maintain order and discipline in the school M. Prisons carry a decreased expectation of privacy Weatherall ; R. Conway ,  1 S. However, the lowered expectation of privacy within a prison does not allow the seizure without a warrant of bodily samples taken as part of a medical examination R.
Dorfer , C. Privacy is not an all or nothing right. It encompasses the reasonable expectation that private information will remain confidential to the persons to whom and restricted to the purposes for which it was divulged Mills at paragraph ; Dyment at page ; Colarusso at page Accordingly, a person may have a residual and continuing privacy interest protecting against the subsequent use or disclosure — and potentially retention — of information that has been divulged for a specific or limited purpose Law at paragraph 23; Dyment at pages ; Mills at paragraph 94; R.
Dore , C. Jarvis ,  3 S. Ling ,  3 S. Where a government body has regulatory or administrative functions as well as the function of investigating penal offences under the regulatory or administrative statute, a shift in state action from regulatory or administrative inspections to penal investigations affects the applicable Charter standards.
In particular, where the predominant purpose of a particular inquiry becomes the determination of penal liability, so as to engage the adversarial relationship between the regulated party and the state, officials must at that point relinquish the authority to use regulatory or administrative inspection powers. Penal investigators may, however, make use of materials validly obtained under regulatory or administrative inspection powers prior to the commencement of the offence investigation.
In assessing whether the predominant purpose of an investigation is to determine the penal liability of an individual, regard must be had to all relevant factors that bear upon the nature of the inquiry Jarvis at paragraph Apart from a clear decision to pursue a criminal investigation, no one factor is necessarily determinative in and of itself in this analysis. Even where there are reasonable grounds to suspect that an offence was committed, it will not always be true that the predominant purpose of the investigation is to determine the penal liability of the individual Jarvis at paragraph A lawful regulatory search does not become unlawful or unreasonable simply because the officers also have the expectation that the search might uncover evidence of crime see e.
CA at paragraph 63; Jarvis These cases were distinguished in Cole on the basis that they all arose in heavily regulated environments. In contrast, a teacher has a reasonable and continuous expectation of privacy in the personal information on his work-issued laptop. Although the school board is legally entitled to inform the police of the discovery of contraband on the laptop, the police required a warrant to search the computer Cole at paragraphs A provincial law authorizing the use, for the purpose of an administrative roadside sanction scheme, of breath samples taken pursuant to Criminal Code powers to screen drivers for alcohol constitutes a distinct search for Charter purposes Goodwin at paragraphs It is possible for what would otherwise be an infringement of section 8 to be constitutional if the person concerned waives their constitutional right to privacy.
To be fully informed, a person must be provided with sufficient information to make the preference meaningful R. Borden ,  3 S. For the consent to be voluntary, the person must have had a real choice in providing the purported consent see Godbout v.
Longueuil City ,  3 S. Amselem ,  2 S. Consent cannot be given by a third party Cole at paragraphs In the context of shared computers, in which multiple people may have privacy interests, waiver by one rights holder does not constitute waiver for all rights holders Reeves at paragraph Consent for a search and seizure for one purpose does not necessarily allow for the intrusion on the same privacy interests for other purposes Mills at page ; Dyment at page Consent to take bodily samples will generally only be consent to use the sample for the specific purpose for which consent is given Borden at page However, where no specific limits are placed by the police or the consenting party on the use to which a bodily sample is to be made, there may be no subsisting expectation of privacy protecting against the use of the sample in a later investigation that was not and could not reasonably have been anticipated by the police at the time the sample was taken R.
Arp ,  3 S. Consent to collect a bodily sample for medical purposes does not allow the police to use the sample for investigative purposes Dyment at page Because the purpose of section 8 is to prevent unjustified searches before they happen, the default standard is a system of prior authorization. More specifically, the default standard has three elements: 1 prior authorization; 2 granted by a neutral and impartial arbiter capable of acting judicially; 3 based on reasonable and probable grounds to believe that an offence has been committed and there is evidence to be found at the place to be search.
The warrant granting power in a statute must involve a true grant of discretion to the decision-maker Baron at page ; see also Kourtessis v. Judicial neutrality precludes the justice of the peace from becoming personally involved in the drafting of search warrant informations R. Gray , 81 C. However, this does not preclude judges from providing advice or direction to an officer applying for a warrant R. The application for a search warrant must contain a full and frank disclosure of all material facts and not just those favourable to the state. The application, while being clear and concise, must avoid incomplete recitations of known facts, taking care not to invite an inference that would not be drawn or a conclusion that would not be reached if the omitted facts were disclosed Morelli at paragraphs 4, ; R.
Araujo ,  2 S.
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Garofoli ,  2 S. Where tainted evidence is used in order to obtain a warrant, the search may nevertheless be sustained and the warrant may be constitutionally sufficient provided that, after excising the objectionable information, there remains sufficient independently obtained information to validly authorize the search Grant at pages ; Plant at page ; see also Wiley. Despite the presence of reasonable and probable grounds after excision a warrant based on a deliberate or fraudulent attempt to mislead the issuing judge may be set aside where doing so is necessary to protect the process of prior authorization and the preventive function it serves Araujo at paragraphs Where a search warrant or production order is sought in respect of a journalist or the media, the issuing judge should apply a four-part analysis.
First, the judge should consider whether to require notice to the media, which may be appropriate in cases where judge does not have sufficient information to carry out the balancing exercise at the third stage of the analysis. Second, the judge must be satisfied that all statutory preconditions have been met. This balancing exercise should be based on all the circumstances, which may include: 1 the likelihood and extent of any potential chilling effects; 2 the scope of the materials sought and whether the order sought is narrowly tailored; 3 the likely probative value of the materials; 4 whether there are alternative sources from which the information may reasonably be obtained and, if so, whether the police have made all reasonable efforts to obtain the information from those sources; 5 the effect of prior partial publication, which must be assessed on a case-by-case basis; and 6 the vital role that the media plays in the functioning of a democratic society and the fact that the media will generally be an innocent third party.
At the final stage of the analysis, the authorizing judge should consider imposing conditions on the order to ensure that the media will not be unduly impeded in the publishing and dissemination of the news. This may include, for example, providing for a sufficient period of time for compliance with a production order to allow the media to challenge it.
The authorizing judge may also see fit to order that the materials be sealed for a period pending review Vice Media at paragraph 82; National Post at paragraphs ; Lessard. From the media perspective, assistance orders accompanying a warrant and requiring the surrender of documents are preferable to a physical search of the media premises National Post at paragraph A warrant to search a place does not by itself carry with it sufficient authority, under section 8 Charter principles, to further search a computer found within that place.
Rather, a prerequisite for a valid computer search is explicit judicial authorization involving due consideration of the distinctive privacy concerns raised by such a search. Where police come across a computer in the course of a warranted search but do not have specific authorization to search computers, they may seize the computer assuming it may reasonably be thought to contain the sorts of things covered by the warrant and do what is necessary to ensure the integrity of the data Vu at paragraphs 48 to A warrantless search or seizure is presumptively unreasonable Hunter v.
Southam; Nolet at paragraph 21; Goodwin at paragraph The party seeking to justify a warrantless search bears the onus of rebutting the presumption by establishing that the search was:. Caslake ,  1 S. Mann ,  3 S. Sources of lawful authority for section 8 purposes accepted by courts have so far included statutes, regulation and the common law.
Significant privacy intrusions generally cannot be implied from the authorizing law; authority must normally be specific and express see R. Shoker ,  2 S. In some circumstances, courts may find implied authority for intrusions on diminished privacy interests Cole; M. A search incident to a lawful arrest must be based on reasonable grounds to believe that the search is necessary for a valid objective related to the reasons for the arrest such as safety of the arrestee or officer, preservation of evidence from destruction, and the discovery of evidence that can be used in the prosecution of the arrestee Cloutier ; Caslake at paragraphs 17, 48; Golden at paragraphs ; Mann at paragraph 37; R.
Clayton ,  2 S. Search incident to arrest may not be conducted in an abusive manner Cloutier at ; Stillman at The intrusiveness of a search is an important factor in assessing its reasonableness. For example, pat-down searches will generally be reasonable see e.
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Strip searches or highly invasive examinations, such as body cavity searches, will likely not be reasonable see e. Ward ,  2 S. Strip searches incident to arrest may nevertheless be lawful and reasonable in some circumstances, but such searches should only be carried out where the police have reasonable and probable grounds to conduct the search for the purpose of discovering weapons or seizing evidence related to the offence for which the detainee was arrested and demonstrate an urgency for such a search being conducted in the field.
The search must be conducted in a manner that interferes with the privacy and dignity of the person being searched as little as possible Golden at paragraphs ; Ward at paragraph The taking of bodily samples and teeth impressions without a warrant is inconsistent with the common law power of search incidental to arrest Stillman at paragraph The search of a cell phone has the potential to be a much more significant invasion of privacy than the typical search incident to arrest R.
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Fearon ,  3 S. As a result, police officers will not be justified in searching a cell phone or similar device incidental to every arrest. Rather, such a search will comply with section 8 where: 1 the arrest is lawful; 2 the search is truly incidental to the arrest in that the police have a reason based on a valid law enforcement purpose to conduct the search, and that reason is objectively reasonable; 3 the nature and the extent of the search are tailored to the purpose of the search; and 4 the police take detailed notes of what they examine on the device and how it is searched.
In respect of factor 2 , the valid law enforcement purposes in this context are: a protecting the police, the accused, or the public; b preserving evidence; or c discovering evidence, including locating additional suspects, in situations in which the investigation will be stymied or significantly hampered absent the ability to promptly search the cell phone incident to arrest Fearon at paragraph Although there is no general power of detention for investigative purposes, police officers may detain an individual if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that the detention is reasonably necessary on an objective view of the circumstances Mann.
Police have a common law power to conduct searches incidental to investigative detention but for this search to be a justified use of police power, the officer must have reasonable grounds to believe that his safety or the safety of others is at risk Mann at paragraph 40; Clayton ; MacDonald at paragraphs 31, Warrantless search may be reasonable in some situations if exigent circumstances make it impracticable to obtain a warrant Grant at pages ; Plant at page ; see also Wiley.