Pro Speech

My partner and I must uphold the pro side of the resolution: Resolved: In United
States public k-12 schools, the probable cause standard ought to apply to
searches of students. To proceed into this debate, we must take into consideration
the next concepts:  Probable Cause Standard is a requirement found in the Fourth
Amendment that must usually be met before police make an arrest, conduct a
search, or receive a warrant. Ought is used to indicate what is expected or as a
moral obligation according to the Meriam Webster Dictionary. In the Oxford
Dictionary search is defined as to try find something by looking or otherwise
seeking carefully and thoroughly. Framework: The con side has to prove that the
probable cause standard isn’t a reliable source and it helps students feel more
secure while respecting their rights in the school environment.

CONTENTION 1: Kids in public schools are forced to give up their rights and aren’t
given the option to claim their Fourth Amendment.
Sub-point A: The Fourth Amendment right is a part of the United States
constitution, therefore it is against the law to violate this right.
Sub-point B: According to the declaration of the human rights in article 12 it says
no one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the
right to the protection of the law against such interference or attacks.

CONTENTION 2: Schools must strike a balance between the student's right to

privacy and the need to maintain school safety. This Balance is the Probable
Cause Standard.
Sub-point A: Students in U.S. public schools have the Fourth Amendment right to
be free from unreasonable searches. This right is diminished in the school
environment. By not determining this balance the police officers and the
government don’t know when to stop searching and end up violating the student’s
rights as a citizen. This vagueness leaves teachers, administrators, policymakers,
and school security and law enforcement personnel wondering what constitutes a
legal search of a student in a public school.
Sub-point B: According to the A.S v. State of Florida 1997, four students huddled
together, one with money in his hand and another with his hand in his pocket, does
not provide reasonable suspicion, but they got searched anyway, this qualifies as
an unreasonable search therefore violation of their privacy and abuse of power.
CONTENTION 3: Probable Cause Standard increases the legitimacy of the police
and school administrators. This has a positive effect on the student police
relationship within schools and could arguable decrease crime through mutual
respect.
Sub-point A:

? Some courts treat police officers as school officials subject to the lower standard
of reasonable suspicion when they search students at the request of school
administrators (In the Interest of Angelia D.B., 1997). Other courts hold that school
officials conducting a search on the basis of information from the school resource
officer are acting as agents of the police and are, therefore, subject to the higher
standard of probable cause (State of New Hampshire v. Heirtzler, 2000). The mere
presence of a sworn law enforcement officer during a search by a school
administrator does not trigger the need for probable cause (Florida v. D.S., 1996).
?The task of the issuing magistrate is simply to make a practical , common-sense
decision whether, given all the circumstances set forth in the affidavit before him,
including the veracity and basis of knowledge of persons supplying hearsay
information, there is a fair probability that contraband or evidence of a crime will be
found in a particular place. (Illinois v. Gates).

PATRIOT ACT violation of the 4th amendment

PRUEBASSS

Claim. Warrant, impact

Afirmacion, evidencia, impacto

Teenagers need more privacy and more personal and psychological space. This is
because the teenager is dealing with big challenges, such as working out what kind
of person he is. Part of becoming a grown-up is learning to handle these
challenges with independence and responsibility.
Summary: Hablar primero de lo que yo presente SELL YOUR ARGUMENTS