Teaching the 4th Amendment to Gifted Students
Students Can Find Real-Life Applications of the Bill of Rights
Oct 20, 2009
Focusing on justice is a natural subject in gifted education classes, because gifted students are often intrigued by the abstract concepts of "fairness" and "justice" as they meet the concrete world of choices and limitations. When teaching the 4th amendment, enrichment teachers are able to present real-life, immediate applications of how search and seizure laws impact students.
Understanding the 4th Amendment
The 4th Amendment seems long and intimidating, but working as a class, students can unpack the meaning behind the somewhat archaic language. Teachers should give students a copy of the text of the amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
As students rephrase the amendment, they will see that it means that people can expect their bodies, homes, papers, and belongings to be protected from the government searches and collections, unless there is a warrant issued by the court specifically stating the location and purpose of the search. Once students understand the amendment and exclusions, they can look for applications in daily life.
The 4th Amendment in Daily Student Life
The best way to teach about how the 4th amendment directly impacts students is to have students bring their school's student handbooks to class. Arm the students with a copy of the amendment and some highlighters, and instruct them to look for anything that relates to searching or confiscating. If the school does not have handbooks for students available, many student handbooks can be found online. When students find something, the should highlight it. Some key questions to jump start students might be:
- When can school officials search lockers?
- What happens if someone has a forbidden object at school?
- How does the school regulate drug-testing for athletes?
All of these questions directly connect to the student handbook and the 4th amendment. Students will see that they have procedures to protect them (weapons are confiscated) and they might be surprised to discover the lack of privacy in student lockers.
Court Cases About Students and the 4th Amendment
Some important cases that govern how schools use the 4th amendment will be of interest to students. Students may be interested in researching:
- New Jersey vs. TLO, a 1985 case involving students, drugs, and probable cause.
- Board of Ed of ISD 92 of Pottawatomie County vs. Earls et al, a 2002 case about Lindsey Earls, who objected to mandatory drug testing for extracurricular activities.
- Safford Unified School District vs. Redding, a 2009 case involving a middle school girl who was strip searched as school officials looked for pain pills.
As students learn about the cases, teachers can present Youtube video clips of interviews and new stories about Lindsey Earls and Savana Redding, and students can see how ordinary students find themselves in legal situations.
Learning about the amendments holds extra interest for students when they see how the amendments directly impact their lives, and searching the handbook for applicable sections helps bring the message of personal rights home to students. Seeing contemporary court cases enhances the experience and deepens understandings of why knowing one's rights can be so important.
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