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Name: ________________________________________

Please read each scenario. After reading, please indicate whether this would or would not be protected under the Constitution.

S - On the evening news last night you learned that a student in another middle
school in JCPS had just been arrested and charged with plotting to attack his
classmates and teachers at school with automatic weapons and live grenades
which were discovered during a warranted search of his bedroom. According
to entries in his diary, say police, the attack was planned for a week from today,
which is close to the anniversary of the attack at Columbine High School.
When you get off the bus at school this morning, the principal and faculty
members ask that everyone line up to submit to a thorough search of your
person and belongings with a metal-detection wand before being admitted to
the building. Local police are conducting the searches. When several students
refuse to submit, claiming it is a violation of their rights, they are immediately
escorted away and locked in a patrol car. One of them is a close friend of
yours, who you are sure would never hurt anybody.
Q - Is it the school right to search and detain students as they enter the
building, or is it invading your privacy?
S - A school district adopted a policy authorizing random drug testing of student
athletes. There was a known drug problem in the school district. Student
athletes were among the drug users and dealers. Along with the drug problem
came serious student behavior issues. By last year, disciplinary actions had
reached „epic proportions,‟ motivating the district to introduce the Student
Athlete Drug Policy. James, a 7th grader, refused the testing, and his parents
refused to consent to the testing. Because of this, he was not allowed to
participate in football.
The student sued the school district for infringing his rights. Were his rights
violated by the school?

Yes/ No - Why?

Actual Answer

S- Benny was arrested by Metro Police and charged with the armed robbery of
a another student at a bus stop. While Benny was in the Principals office with
a cop who is security but before the officer asked any questions, Benny said
that he had robbed the other student. Benny‟s statement was used against him
at trial to convict him.
Q-Should Benny‟s statement be used in his trial or should the statement have
been thrown out since he had not been read his rights?
S - Ernesto, a Mexican immigrant living in Phoenix, was identified and accused
of kidnapping and raping a woman. Ernesto was arrested and questioned.
After two hours of questioning, Ernesto confessed to the crime. He was
sentenced to 20 years in prison. Later, Ernesto‟s attorney stated that the police
did not inform Ernesto of his rights and that Ernesto needed to be released
because of their failure to inform him.
Q - Should Ernesto be released from prison?
S - In the early 1950s, Linda Brown was a young African American student in
the Topeka, Kansas school district. Every day she and her sister, Terry Lynn,
had to walk through the Rock Island Railroad Switchyard to get to the bus stop
for the ride to the all-black Monroe School. Linda Brown tried to gain admission
to the Sumner School, which was closer to her house, but her application was
denied by the Board of Education of Topeka because of her race. The Sumner
School was for white children only.
At the time of the Brown case, a Kansas statute permitted, but did not require,
cities of more than 15,000 people to maintain separate school facilities for
black and white students. On that basis, the Board of Education of Topeka
elected to establish segregated elementary schools. Other public schools in the
community were operated on a nonsegregated, or unitary, basis.
Q - The Browns felt that the decision of the Board violated the Constitution. Do
you support?
S - Homer lived in Louisiana in 1896. He was ⅞ caucasian (white). One day,
Homer walked on to a “white only” train car and had a seat. He was confronted
by the police and questioned because he was on the “white only.” Homer
stated, “You questioning me goes against my 14th Amendment.” The police
officer removed Homer from the train because the “white only” train car was the
same or equal to the “black only” train car.
Q - Was the police officer breaking the Constitutional rights of Homer?