Letters

Letters 08-31-2015

Inalienable Rights This is a response to the “No More State Theatre” in your August 24th edition. I think I will not be the only response to this pathetic and narrow-minded letter that seems rather out of place in the northern Michigan that I know. To think we will not be getting your 25 cents for the movie you refused to see, but more importantly we will be without your “two cents” on your thoughts of a marriage at the State Theatre...

Enthusiastically Democratic Since I was one of the approximately 160 people present at when Senator Debbie Stabenow spoke on August 14 in Charlevoix, I was surprised to read in a letter to Northern Express that there was a “rather muted” response to Debbie’s announcement that she has endorsed Hillary Clinton for president...

Not Hurting I surely think the State Theatre will survive not having the homophobic presence of Colleen Smith and her family attend any matinees. I think “Ms.” Smith might also want to make sure that any medical personnel, bank staff, grocery store staff, waiters and/or waitress, etc. are not homosexual before accepting any service or product from them...

Stay Home I did not know whether to laugh or cry when I read the letter of the extremely homophobic, “disgusted” writer. She now refuses to patronize the State Theatre because she evidently feels that its confines have been poisoned by the gay wedding ceremony held there...

Keep Away In response to Colleen Smith of Cadillac who refused to bring her family to the State Theatre because there was a gay wedding there: Keep your 25 cents and your family out of Traverse City...

Celebrating Moore And A Theatre I was 10 years old when I had the privilege to see my first film at the State Theatre. I will never forget that experience. The screen was almost the size of my bedroom I shared with my older sister. The bursting sounds made me believe I was part of the film...

Outdated Thinking This letter is in response to Colleen Smith. She made public her choice to no longer go to the State Theater due to the fact that “some homosexuals” got married there. I’m not outraged by her choice; we don’t need any more hateful, self-righteous bigots in our town. She can keep her 25 cents...

Mackinac Pipeline Must Be Shut Down Crude oil flowing through Enbridge’s 60-yearold pipeline beneath the Mackinac Straits and the largest collection of fresh water on the planet should be a serious concern for every resident of the USA and Canada. Enbridge has a very “accident” prone track record...

Your Rights To Colleen, who wrote about the State Theatre: Let me thank you for sharing your views; I think most of us are well in support of the first amendment, because as you know- it gives everyone the opportunity to express their opinions. I also wanted to thank Northern Express for not shutting down these types of letters right at the source but rather giving the community a platform for education...

No Role Model [Fascinating Person from last week’s issue] Jada quoted: “I want to be a role model for girls who are interested in being in the outdoors.” I enjoy being in the outdoors, but I don’t want to kill animals for trophy...

Home · Articles · News · Other Opinions · High School drug-sweeps:...
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High School drug-sweeps: Legal?

Steve Morse - November 29th, 2010
High School Drug-Sweeps: Legal?
By Steve Morse
Recently, I was approached by a parent of a student at Traverse City
Central High School who asked if I had heard about the drug sweep that
had taken place at the school the day before. I had not. The man
said that although his daughter had not been busted, he wondered
whether such a sweep, conducted with drug-sniffing dogs, was legal.
Reading about it in the paper the following morning, I guessed that
this question might be one on the mind of many other parents,
students, and members of the community. Here is the answer.
Searches of students by school officials are governed, like all
searches, by the Fourth Amendment to the U.S. Constitution. That
amendment does not prohibit all searches, only those that are
“unreasonable.” An illegal search occurs “when an expectation of
privacy that society is prepared to consider reasonable is infringed.”
The starting point, of course, is that there must be what the courts
consider to be an actual “search.”
The current state of the law is that a dog sniff of an inanimate
object is not a “search” under the Fourth Amendment. For example, the
Supreme Court has held that the use of a trained canine to sniff
unattended luggage is not a search. It is different, however, when
dogs are used to sniff a person‘s body, mainly because the level of
intrusiveness is greater (as everyone knows, dogs often sniff parts of
the body that cause personal embarrassment, and some persons have an
irrational fear of dogs). Moreover, people naturally consider their
own bodies to be private -- private to them -- and they feel that
expectation of privacy should be respected by others, most certainly
by government authorities (including police and school officials).
Many drug sweeps conducted in school buildings are thus permissible
under the Constitution because they are conducted by drug-sniffing
dogs of school lockers, previously detached backpacks, and cars parked
in school parking lots, and not of a student’s person. With respect to
student lockers, courts have generally held that they belong to the
school and therefore students do not have a legitimate expectation of
privacy for items stored in them. And with respect to backpacks,
students cannot be ordered to remove them from their person in order
that the dogs can sniff them; that would violate their Fourth
Amendment rights.
That’s a general statement of the law: the drug sweep at Central High
School was probably legal. But was it a good idea?
Speaking at the school last week was Mark Fancher, director of the
ACLU of Michigan’s Racial Justice Work Group, which has issued a
report entitled, “Reclaiming Michigan’s Throwaway Kids: Students
Trapped in the School-to-Prison Pipeline.”
As Fancher made clear in his talk, the “school-to-prison pipeline” is
a disorder in our educational system of epidemic proportions, that is
the result of factors including the criminalization of students. Many
parents of students went through their entire 12 years of public
education without ever experiencing the presence of police officers in
their school building. Today, that experience is commonplace and, as
the ACLU report indicates, the police are often called in to handle
what were once considered routine disciplinary matters.
As Traverse City police Captain Steve Morgan told the Record-Eagle:
“Usually the schools will request [a drug sweep] once or twice a year.
We never go unless the school officials request us. We‘ve probably
been to all the area secondary schools at one time or another.”
But what exactly is the effect on the students, whether or not they
are busted? Does it encourage trust and respect between students and
teachers, between students and administrators, between young people
and the police? What does it feel like when you‘re 16 years old to be
treated much like a criminal -- which is to say, to be ordered around
by police officers and to have your locker, your backpack, or your
vehicle randomly searched without your permission?
Apart from the anger and resentment it likely caused, was the drug
sweep cost-effective? At Central High last week there were police
officers and police dogs from three counties effecting a lock down,
disrupting classes and interfering with other activities -- for what?
The sweep netted one arrest: one student was charged with possessing
about two grams of marijuana. Though the belongings of every student
may not have been searched, it still amounted to one arrest in a
student body of 1,500. One out of 1,500 (an arrest percentage of
0.067%) is not a particularly good effectiveness indicator, is it?
Now I’m not so naive to assume that none of the students at Central
High ever use marijuana, but it‘s also clear that the school does not
have a widespread, over-the-top drug problem on its hands either.
Simply put, it was not a good use of taxpayer money.
Nelson Mandela said: “There can be no keener revelation of a society‘s
soul than the way in which it treats its children.” Think about it,
administrators, teachers, and parents at Central High School. You can
bet the students are.

Steve Morse is an attorney who heads-up the local chapter of the ACLU.

 
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