SearchandSeizureWebQuest

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?

Your Quest:

Your job is to become familiar with student rights and the laws and cases governing searches and seizures in public schools.

Read the case below.

Case Study: TRUTH OR CONSEQUENCES

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.

The Task

You are going to "try" the above case. I will be the judge and jury of your case. You will assume both of the "roles" below and research relevant laws and court cases that pertain to this case using the internet, the court cases I've provided you, our class discussions, and your book. You need to prepare two, 2-page, double-spaced, typed,12 point font "legal briefs" summarizing your arguments before the court. In addition you must provide a work cited page stating where you gathered your information from. You will submitt your legal briefs and work cited page to the judge on the prescribed date.

Plaintiff's Legal Team

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, the court cases I've provided you, your book and our discussions to locate information about Chico's rights as a student and citizen. Use the laws, court cases and information you find to develop a 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.

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.

Defendant's Legal Team

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, the court cases I've provided you, your book and our discussions to locate information about Chico's rights as a student and citizen that will help you develop the 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.

Law for Kids: Information about laws related to minors in the state of Arizonia.

Product Rubric: Legal Brief

Organization

Uses support to presents findings, conclusions, and final decision is convincing

Presents findings in an organized manner and decision is supported clearly

Presents findings and decisions have some support and organization

Presentation is not organized or supported

Persuasive- ness

Makes a dramatic, compelling and organized argument

Argument shows evidence of persuasion with support

Shows little evidence of persuasion

Is not persuasive in presentation

Conventions

Few if any errors

Some errors

Many errors

Too many errors

Writing Process

Uses all parts of the writing process showing strong effort to revise and then edit

Uses all parts of the writing process showing an effort to revise and then edit

May use all parts or some parts of the writing process but little effort to revise and then effort is evident

Parts of the writing process are missing an/or little effort to revise and then effort is evident

Process Rubric: Research

Gathering Information

Gathers a plethora of critical information that is important to the project task

Gathers and selects sufficient information with project task in mind

Is generally on track gathering information, but information is weak in some areas

Little information gathered

Organizing Research Information

Information is organized in a logical and thoughtful manner, knows the importance of well a researched topic

Is able to organize information and shows understanding for of need of enough research and gathered information

Shows some skill in approaching the problem in a logical manner using research processes

Shows little skill in approaching the problem logically

Using Information

Shows insight in using pertinent information, drawing conclusions, and making a decision gathers information, supporting decisions with evidence and facts precisely

Draws conclusions and makes a decision from the gathered information, using some evidence and facts

Makes a concluding statement that generalizes information but does not have much support

Draws no conclusions and/or demonstrates little purpose for gathering data to be used in decision making

Thinking

Clearly demonstrates divergent thinking and is insightful and plays the role of a judge

Uses some divergent thinking in approach to the problem and tries to write as a judge

Shows little divergent thinking and writes like a report, repeating generalizations

Exhibits no creative or divergent thinking, may copy information