May i please the court,Good morning your honours my name is shanza nawaz and

today i am representing trey Manning side

Issue 2: Searching and seizures.
Theme: ​Today i am going to address the issue that fordhamville high school violated
manning's 4th amendment right by searching him under unreasonable suspicion.`
Would your honours like a brief recitation of the facts ​-yes
Your honours,this case is about cheating in public school.A student name John Barkley
who stole the chemistry 1 class exam paper and make a handwritten copy for himself
after taking the exam he got A in chemistry 1 class.He was also in BLUE WOLVES
BASKETBALL TEAM with other four members which includes Manning who got C in
chemistry 1 class.Your honours Manning was the one who found the cheating papers
from Barkley's blue wolves folder and hand it to the school officials. As soon as Principle
of the school knew about the cheating problem in school.Principal call the FHS police
department and call the police to find out the cheater.(PAUSE)
Your honor Police officers searched 5 basketball team member as they were the only 5
students given the blue folder in same chemistry 1 class. Police searched their
backpacks for the signs of stolen test papers.While searching Barkley’s backpack, the
officers found a handwritten copy of chemistry 1 midterm exam.and also officers did not
found his blue folder so Barkley was sent to principal office.when berkley went to
principal office he saw that the blue folder it was on principle desk so,he had no choice
but to confess so he confess.he was suspended for two weeks and assessed a failing
grade on his chemistry 1 midterm exam.Your honours,After barkley confession police
still continue the search while searching Manning police did not find anything but
discovered a bottle of medicine(PEPTALIN).The school district banned the supplement
in 2012.As it turned out, that manning had been taking peptalin to expedite his recovery
from shoulder surgery.Principle beckham and coach sterling suspended Manning from
the basketball team for the remainder of the high school career.
Your honour’s,The students have a strong Expectation that they will be free from
intrusion by law enforcement ,despite a more limited expectation that they will be free
from intrusion by school officials.Your honour’s FHS has violated Manning 4th
amendment right.Your honours,manning rights were violated for ​2 reasons

1,​Under TLO the search was not reasonably related to the object.it was not pursuant to
Individualized suspicion because the school’s interest in conducting the search were out
weight by Manning privacy interest.Your honours the purpose of the 4 amendment is to
secure people privacy right. Students have an expectation of privacy when it comes to
their backpacks.This expectation of privacy applies to students in public school​ United
states v Jacobsen”The reasonableness of an official invasion of a citizen’s
privacy must be appraised on the basis of the facts as they exited at the time that
invasion occurred​”​(​The case brought up to the court house which was basically about
fedex one of their employee opened a package because as he said “it was damaged by
the machine and the package look suspicion because there was some type of ‘white
powder’ coming out of it which makes him to opened it up and soon he opened the box.
The fedex company call the police and (DEA) to check out the box, after the
investigation they found cocaine drugs that was illegally shipping. The (DEA)
department arrested Jacobsen and Donna Marie in charge of selling drugs. They both
said that the (DEA) and fedex had violate their fourth amendment rights. But after the
court “held” the decision “​initial inspection by the DEA agent did not violate the Fourth
Amendment because it remained within the scope of the previous search conducted by
private agents”
The fedex and (DEA) did not violate the fourth amendment of Jacobsen​.)​AND Your
honours,​The use of police and law enforcement to conduct the search was excessively
intrusive in the light of nature because there was no need to call police in this
case.Your honours is it reasonable to call police in school?Is it police job to go through
the cheating problem rather than schools ? Your hours with your respect i would like to
say that police job is to look over criminal cases,fighting,drugs,gun shooting or
murder.In this case the problem of cheating was not that big it was just cheating, No
one murder someone or there was no issue of drugs.​Cheating problem can be solved
by with in the school members like principle teachers or staff members. Furthermore
The school ever possessed Individualized suspicion to search Meaning,they certainly
lost it when John barkley confessed to the cheating scheme.FHS should halted the
search as soon as john Barkley Confessed but FHS did not.Therefore No Individualized
suspicion​ ​existed at the school searched Meaning.

2 The search was not Justified at its inception.​Maning search was not analezed this
case under the standard set forth in Vernonia. Regardless, the search still fails to
satisfy the requirement laid out in TLO. ​the search was not likely to turn up evidence
that a student had violated school rules, and the use of law enforcement personnel in
conducting the search was excessively intrusive considering the nature of the
infraction.”FHS neglected the major fact that the incriminating evidence already been
found.
Principle Beckham's knowledge of the Manning suspicion that Barkley was the Culprit,
the school still searched Manning,even after confirming that those suspicion were
correct. Therefore,Principle Beckham has to have No Reasonable grounds to believe
that the ensuring search of the chemistry 1 basketball team would turn up evidence of
stolen test..Under​ Desroches, The lacked of INdividualized suspicion requirement
set forth by TLO would found unconstitutional​ ​.​(​Shurma Hursey left her shoes in her
art class because she had it before and after lunch,but upon returning found that the
shoes had disappeared. The security guard Mr.Lee having another case about a
missing ring that had been stolen during the same period the day before went in to the
class and after a quick investigation held that he would search all nineteen students
bookbags/personal belongings. James DesRoches refused and under the school policy
was suspended for ten days suspension. James DesRoches, II ("Jim") filed this lawsuit
through his father, James DesRoches, pursuant to 42 U.S.C. § 1983, alleging that his
constitutional rights were violated in connection with a search of high school students'
backpacks at Granby High School on May 2, 1997.​)​FHS underlying in ending its
cheating problems is serious, but not criminal. It is simply Unreasonable​ ​to expect that
the nature of the infraction at issue here would warrant a law enforcement response.

l​ ast ​this case should be conduct under Vernonia,rather than TLo(individual

suspicion)because
”Vernonia set forth a (more student-friendly )Standard which requires a balancing
of the students’ legitimate privacy interests against the government's interests in
conducting the search.​Vernonia apply to this because it was a group search..

Your honours,The student 4th amendment right are diminished in the public
schools context,this does not afford schools the ability to conduct baseless searches
that would elsewhere demonstrate egregious constitutional violations.Your honour
student have right to be protected from an unreasonable searches and seizures.
 Your honours i hope the court will go in favour of Trey manning side under these
3 facts
​ acts:
F
1.Manning got C on exam.if he cheated then why would he get c rather than A
as barkley got.
2.Maning is the one who found the cheating paper from barkly blue folder and
hand it to school officials. He tell everyone about Barkley cheating and why he will
publish the article about cheating if he is the cheater.
3.Barkley already confused that he is the culprit.after his confession there is no
point of individual suspicion.
​Cases:
1.United states vs. Jacobsen
2.Vernonia
3 DesRoches