*Colorable* Suspicion versus *Reasonable* Suspicion or heck, Probable CauseSomervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


 

*Colorable* Suspicion versus *Reasonable* Suspicion or heck, Probable Cause
 


25 September 2006 at 10:46:23 AM
salon

Just a quick additional note about that sneaky bill HR5295 passed on a voice vote last week that will let schools strip search students. I was wondering what the fool "colorable" suspicion was-I'd never heard that term before.

According to the DAREGENERATION blog, ... Congress Made It Up!

Currently, in order for a teacher to search a student’s locker they need to have “reasonable suspicion” that the student is in possession of illegal drugs. H.R. 5295 would change the standard needed for a search to “colorable suspicion,” a term that has been made up entirely for this bill. Essentially, a teacher would need nothing more than a hunch in order to search a student’s locker or possessions.

Okay. So *Colorable* suspicion means Hunch. No proof, just a hunch.

This bill is nothing more than another attack on the constitutional rights of young people by the federal government. Students should never have to check their constitutional rights at the schoolhouse door.

As the Stranger says "Violating the 4th Amendment isn't just for Al Qaida suspects anymore"

NOTE: In a comment on this blog, the author says that the bill was amended before passing to remove that whole *colorable* suspicion section.

It should also be noted that the version of this bill that passed the House is much different from the one that was initially introduced, since half of the text of the bill disappeared. The entire section on "colorable suspicion" is gone, and that was really the biggest issue in the first place. They were trying to lower the standard for searches in inventing this term, but in the end, they chose to stick with "resonable suspicion". This bill is now nothing more than a requirement for public schools to have a policy in place for the searches they already conduct.

It is interesting that the bill was apparently amended by the House Education and Workforce Subcommittee on Education before being passed, but there was no report filed. Gee, I wonder why they changed it?

It's now in the Senate Health, Education, Labor, and Pensions Committee.

So. Was it the author of the bill that wrote it as *colorable* suspicion in the first place?  I just love it when Congress Makes Chit Up.


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