عزيزى عودة ديجانقو الذى رد على أعلاه بخصوص رفضى للتفتيش العشوائى للشياب والطلاب بدون أوامر من الجهات القضائية ولقد ذكر عودة ديجانقو ان هذا الامر مطبق في أمريكا ، دعنى اختلف معك وأقول لك اقرأ ادناه رأى المحكمة العليا الامريكية في هذا الامر
I dissent from the denial of the petition for certiorari. I would grant the petition and
summarily reverse the judgment of the Court of Appeals insofar as it affirmed the
judgment of the District Court. I cannot agree that the Fourth Amendment authorizes
local school and police officials to detain every junior and senior high school student
present in a town's public schools and then, using drug-detecting, police-trained German
shepherds, to conduct a warrantless, student-by-student dragnet inspection "to see if there
were any drugs present." While school officials acting in loco parentis may take
reasonable steps to maintain a safe and healthful educational environment, their actions
must nonetheless be consistent with the Fourth Amendment. The problem of drug abuse
in the schools is not to be solved by conducting schoolhouse raids on unsuspecting
students absent particularized information regarding drug users or suppliers.
سبب هذا الحكم ما قام به البوليس في تفتيش الطلاب بواسطة كلب بوليسى والشم عليهم في المدرسة في كل الفصول وانه حيث ان الكلب قد توقف عند مقدمة الطلب اكثر من مرة فقد تم سوقها لغرفة جانبية وطلب منها خلع ملابسها وتفتيش شعرها ومع ذلك لم يتم العثور على اى مخدرات
On the morning of March 23, 1979, petitioner went to her first-period class as usual.
Shortly before 9:15, when the class was scheduled to adjourn, petitioner's teacher ordered
everyone to remain seated until further notice. An assistant principal, accompanied by a
police-trained German shepherd, a dog handler, and a uniformed police officer, then
entered the classroom as one of six teams conducting simultaneous raids at the Highland
schools. For the next 2 1/2 hours, petitioner and her classmates were required to sit
quietly in their seats with their belongings in view and their hands upon their desks. They
were forbidden to use the washroom unless accompanied by an escort. Uniformed police
officers and school administrators were stationed in the halls. Guards were posted at the
schoolhouse doors. While no student was allowed to leave the schoolhouse,
representatives of the press and other news media, on invitation of the school authorities,
were permitted to enter the classrooms to observe the proceedings.
The dogs were led up and down each aisle of the classroom, from desk to desk, and from
student to student. Each student was probed, sniffed, and inspected by at least 1 of the 14
German shepherds detailed to the school. When the search team assigned to petitioner's
classroom reached petitioner, the police dog pressed forward, sniffed at her body, and
repeatedly pushed its nose and muzzle into her legs. The uniformed officer then ordered
petitioner to stand and empty her pockets, apparently because the dog "alerted" to the
presence of drugs. However, no drugs were found. After petitioner emptied her pockets,
the dog again sniffed her body, and again it apparently "alerted." Petitioner was then
escorted to the nurse's office for a more thorough physical inspection.
Petitioner was met at the nurse's office by two adult women, one a uniformed police
officer. After denying that she had ever used marihuana, petitioner was ordered to strip.
She did so, removing her clothing in the presence of the two women. The women then
looked over petitioner's body, inspected her clothing, and touched and examined the hair
on her head. Again, no drugs were found.
والحكم أعلاه الذى أصدرته المحكمة بأن التفتيش خاطئ ويخالف التعديل الرابع في الدستور الامريكى ، إضافة الى ذلك انظر ماذا قال القاضي
would grant certiorari to teach
petitioner another lesson: that the Fourth Amendment protects "[t]he right of the people
2 The Court of Appeals found it significant that the police officials agreed not to seek prosecution of
students found to possess drugs. However, I agree with the dissenting opinion of Judge Swygert that the
Fourth Amendment's protection against unreasonable searches is based on "'the right of the people to be
secure in their persons,'" and that it is constitutionally irrelevant that the police officers may have agreed
not to arrest students found to be in possession of contraband.
to be secure in their persons, houses, papers, and effects, against unreasonable searches
and seizures," and that before police and local officers are permitted to conduct dogassisted
dragnet inspections of public school students, they must obtain a warrant based
on sufficient particularized evidence to establish probable cause to believe a crime has
been or is being committed. Schools cannot expect their students to learn the lessons of
good citizenship when the school authorities themselves disregard the fundamental
principles underpinning our constitutional freedoms.
انه يجب ان يكون الناس آمنين في انفسهم وبيوتهم ومستنداتهم من التفتيش والبحث غير القانوني والغير مستند على دلائل جدية بارتكاب جريمة
وما قلته انت اهلاه لا ينطبق ، المتقدم للوظيفة ممكن له ان يرضى بالتفتيش ولكن لا يمكن اجبار الناس في الشوارع والمدارس على التفتيش