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Law Day Essay

Why a principal should be able to search a student's backpack.

If you were a principal, and someone told you they saw one of your kids with a gun what would you do? Panic? Do nothing? Or try and find the gun to ensure no one gets hurt? Most principals would try and find the gun so no one gets hurt, threatened, or killed, because most principals #1 priority is student safety. This task would involve searching the student's backpack. This is why I strongly believe that the principal should have the right to conduct a search of the student's backpack.

Life. Common good. What would America be with out these essential core democratic values? Life means you have the right to live. Common good means for the good of all. If the principal conducted a search of the student's backpack, and found a gun he could be protecting many student's right to live. Also it would definitely be for the good of all, to know you are not in danger of getting hurt, or your life getting taken away.

The preamble of The Constitution states “We the people of the United States in order to form a more perfect union… promote the general welfare…” This means we should do things that are for the good of all. Conducting a search of the student's backpack is how the principal is trying to promote the general welfare of the school. The Declaration of Independence the founding document of our country states “We hold these truths to be self evident … that they are endowed by their creator with certain unalienable rights; that among our life…”This means we have the right to live, and the right can't be taken away except in extreme cases. The principal is trying to protect student's right to live by conducting a search of the student's backpack.

“Both the concept of probable cause and the requirement of a warrant bear on the reasonableness of a search… in certain limited circumstances neither are required…” This is an important quote said by Justice White during the case New Jersey v. T.L.O. (1985).This case was about to girls who were caught in bathroom smoking. They were both sent to the to the assistants principals office. While in the office T.L.O. said she hadn't been smoking so the assistant principal asked her for her purse. He than searched it and found cigarettes, a pack of rolling paper, marijuana, $40 in one dollar bills, and written note to who T.L.O. had sold marijuana to. She was than handed over to the police. After going to two courts it went to the Supreme Court, were it was ruled that the assistant principle was justified in his search. If the principle was able to search because he caught someone smoking why shouldn't he be able to search someone after they were seen with a gun?

I strongly believe that a principal should have the right to conduct a search of the student's backpack in order to promote their general welfare, and help protect their lives.

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