Category Archives: School searches

NYTimes: ‘How Far Can They Go?’ Police Search of Hundreds of Students Stokes Lawsuit and Constitutional Questions

NYTimes: ‘How Far Can They Go?’ Police Search of Hundreds of Students Stokes Lawsuit and Constitutional Questions by Jacey Fortin: Worth County High School was buzzing with late-year activities on April 14. Seniors had recently taken their group photo for … Continue reading

Posted in School searches | Comments Off

OH: School protocol to search unattended book bags made this search reasonable

“Based on the facts of this case, we hold that the school’s protocol requiring searches of unattended book bags—to determine ownership and whether the contents are dangerous—furthers the compelling governmental interest in protecting public-school students from physical harm. We further … Continue reading

Posted in School searches | Comments Off

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition

techdirt: Legislators, School Administrators Back Off Cellphone Search Bill After Running Into ACLU Opposition by Tim Cushing:

Posted in Cell phones, School searches | Comments Off

LA4: In school handoff from suspected MJ dealer to another student was RS as to the latter

In a school, one student who was a suspected marijuana dealer handed something to another student. That was reasonable suspicion as to the recipient. “Here, Mr. Gaddies observed K.L. receive something from a student known to have issues with marijuana. … Continue reading

Posted in Reasonable suspicion, School searches | Comments Off

FL4: Search of student’s purse with RS that turned up nothing was dissipation of the RS

Based on a report, the school security officer had reasonable suspicion under T.L.O. that the student had a Taser-like device on her person. He searched her purse and didn’t find one, so the reasonable suspicion thus dissipated. A second search … Continue reading

Posted in Reasonable suspicion, School searches | Comments Off

CA11: Breath test to enter HS prom was reasonable as school search, but unnecessary detention of those who passed was not

Plaintiffs rode a party bus to their high school prom. The prom had a strict no alcohol, drug, or tobacco policy. A champagne bottle was found on the bus, and that led the school district to detain everybody on the … Continue reading

Posted in Drug or alcohol testing, Reasonableness, School searches | Comments Off

IA: School officials had RS to search football player’s equipment bag on hearing metal clunk

Defendant was a high school football player injured during a game, and he went to the hospital. He was expressly concerned about the contents of his school-issued equipment bag to the point that school officials nearly had reasonable suspicion. When … Continue reading

Posted in Apparent authority, Automobile exception, Reasonable suspicion, School searches | Comments Off

Cal.1st: Warrantless school search of cell phone on RS justified by T.L.O.

A warrantless search of cell phone in a school was justified by reasonable suspicion under T.L.O. that the student had been in possession of a firearm found at school. There was sufficient exigency for Riley under T.L.O. Alternatively, the search … Continue reading

Posted in Cell phones, School searches | Comments Off

VA: “Assuming the position” when a frisk is requested by an officer is a consent to a frisk

“Assuming the position” when a frisk is requested by an officer is a consent to a frisk. Hawkins v. Commonwealth, 2015 Va. App. LEXIS 237 (August 4, 2015). Defendant was observed doing a hand to hand transaction on a New … Continue reading

Posted in Abandonment, Consent, School searches | Comments Off

IA: Def’s nervousness about his school issued equipment bag going to a certain person, its search was reasonable under T.L.O.

Defendant was a high school football player injured during a game. When he was going to the hospital, he was so overly concerned with his equipment bag that it only go to a certain person that the school administration saw … Continue reading

Posted in School searches | Comments Off