Pa301 Final Project

Final Project 1

Final Project First Draft: Memorandum of Law and Motion for a Protective Order

Amanda Schafke

PA301

Kaplan University

Final Project 2

Memorandum of Law

Statement of Facts: Congress has passed a statute called the Cell Phone Education Regulation Act, or CPERA, because of their concern over students having access to cell phones during school hours which could allow them to cheat on exams. In CPERA congress provided for the Cellular Education Service, which is an agency that will enforce the act. CES enacted rules and regulations that require all students to undergo a full search of their person and belongings every day. Additionally it allows for random searches. The regulation calls for a more targeted search on female students because of the belief that they use cell phones more frequently. For the first offense of the regulations a student gets a written warning. On the second offense a hearing is conducted and the student will be automatically suspended. For the third offense a full hearing will be conducted by the CES and a student found guilty will be expelled, arrested, and incarcerated for 30 days. Once a cell phone has been confiscated, the school may permanently keep it.

Questions Presented: Whether the regulations created by CES are lawful and whether Congress was correct in delegating the agency the power to enforce these regulations.

Breif Answer: No. Many parts of the Act are in violation of the constitution which also means that congress did not have the right to delegate the agency the power to enforce it.

Discussion: The first part of the regulations allows for searches of the students every day as well as random searches. This part of the regulations is actually constitutional. According to the 4th amendment, there must be probable cause for any search. Since the act was created because it is a known fact that many students have cell phones, and use them in school, there is probable

Final Project 3

cause...