Category Archives: School searches

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:

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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

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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

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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

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NV: School couldn’t condition student’s entrance into building on a full search

A juvenile with chronic behavioral problems was made to sign a contract for readmission to school that he was subject to random searches of his person. The court distinguishes Earls and Vernonia on school drug testing and an Oregon case … Continue reading

Posted in Consent, School searches | Comments Off

D.Alaska: SW for house includes the trash containers outside

A search warrant for a house includes the trash containers outside. United States v. Johnson, 2014 U.S. Dist. LEXIS 72729 (D. Alaska May 2, 2014). Specific information that the juvenile in this case was planning to bring a gun to … Continue reading

Posted in Ineffective assistance, School searches, Warrant execution | Comments Off