Special Needs Rule Essay Example | Topics and Well Written Essays - 250 words

Special Needs Rule - Essay Example In the case of a student who requires to be searched, the authority directly involved is the school officials, and therefore should be directly involved in the search. A clear example is the case, New Jersey v.TLO, and in this case, the Supreme Court ruled that searches that do not have probable causes can only be legal if they are done by the school authority. School setting is always a special setting, and the allowed officials are the school authorities. However, the presence of the police is welcome, but has to be regulated. As posited in the case, New Jersey v. TLO, the setting of a school may require modification especially in terms of suspicion or suspecting. The police cannot just move in to make unwarranted searches, rather, the school officials should be the one to be used. After the suspicion is confirmed, then, the law would take its course, and this time it would be implemented by the police. According to Gardner & Anderson (2009), the move to control searchers due to individualized reasons is to avoid seizures without deeply based suspicion. There is always a high need to differentiate an emergent issue in terms of searches and searches within special situations. Emergent searches are only when in the confines of police administration or not in a confine of a special situation. Special searches have to be