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doesn't the fingerprinting of educators violate the 4th ammendment right to privacy?

"The gathering of fingerprint evidence from 'free persons' constitutes a sufficiently significant interference with individual expectations of privacy that law enforcement officials are required to demonstrate that they have probable cause, or at least an articulable suspicion, to believe that the person committed a criminal offense and that the fingerprinting will establish or negate the person's connection to the offense. See Hayes v. Florida, 470 U.S. 811, 813-18 ('85); Davis v. Mississippi, 394 U.S. 721, 726-28 ('69)."

if this is true, how can educators, free people who have not committed a crime and who have a reasonable expectation of privacy, be required to submit to fingerprinting to be around kids?

10 Answers

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  • Bruce
    Lv 7
    8 years ago
    Favorite Answer

    The first sentence says "gathering off fingerprint evidence". The prints are not for evidence. They are for a background check.

    You will also find numerous case laws indicating the safety of many outweigh the rights of a single person, such as New York v. Quarles.

    Source(s): Law enforcement since 1991
  • 8 years ago

    Numerous occupations, including educators, nurses, doctors, pharmacists, social workers, etc., are licensed by the state of residence. To obtain a license, he subject must provide numerous items including fingerprints. In other occupations such as law enforcement officers, fingerprinting is part of the application process for employment.

    Source(s): 31 year law enforcement veteran
  • 8 years ago

    Where did you get your law degree? Anyone with two connected brain cells realizes that some professions require fingerprinting and background checks. Haven't there been enough news articles to show you that molesters and pedophiles consider education to be a prime hunting ground? I have never been arrested, and I must have twenty pounds of fingerprint cards floating around. Several jobs as a security officer, a cab driver, police officer, prison guard sheriff's dispatcher, bonding for working at a bank. Each time, I had never been arrested, but to have certain jobs, it is a requirement that you have a background check, and that would be impossible without fingerprints. Get real.

    Source(s): Former deputy sheriff/corporal
  • Anonymous
    8 years ago

    So by your lights, requiring any sort of identification for hiring is illegal?

    they aren't gathering this data from "free persons" but from a specific group of people, Those applying to work specific jobs. In this case school teachers, the military, and any job requiring a security clearance.

    We've merely put not hiring child molesters on the same level as not enlisting foreign spies. Which seems odd till you consider there are several more magnitudes of child molesters in the country, than there are foreign spies.

  • Anonymous
    8 years ago

    why not? how many teachers use to abuse their power and spank kids for no reason, and in recent years how many teachers do you see on the tv for touching children? This issue actually goes further then just teachers, but we wont get into that.

    I agree with teachers having to submit to finger printing. It is an inconvenience to those who have never committed a crime, but those who have ruined it for them....no different then my insurance rate. A bunch of 16-26 year old males have been busted for DUI, wreck less driving, etc, and i have not. I still pay a premium because i am male and 26.

  • 8 years ago

    Because they aren't collecting evidence, it's to screen out whack jobs who are trying to be around our children. The 4th Amendment, by the way, is to protect us from unreasonable searches,not the right to privacy.

  • 8 years ago

    Yeah, and a teacher can't bring a gun on to school grounds.

    Parents have a right to have to know who is around their kids. The fingerprinting is not forced, anyhow. You have a choice to be around kids, therefore you have a choice of being fingerprinted.

    You have to right to remain silent, but you need to talk to your employers, or you will be fired.

  • 8 years ago

    If you work for someone, you follow their rules of go elsewhere. Lots of employers don't allow you to carry guns... is that a violation of 2nd Amend?? How about freedom of movement...but you can't leave your job!

    How about freedom of speech....you can't yell to customers that the other store is better. So when you work for someone else, your rights are restricted by your own choice to keep your job.

  • HA......obviously not.

    If you want a job as a mime, you won't be able to talk. Does that violate your rights?

    If one doesn't want their fingerprints taken, one doesn't have to become a teacher.

  • 8 years ago

    because the school district requires it to work for them.

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