Category Archives: School searches

M.D.Fla.: T.L.O. informs the use of handcuffs in school v. excessive force

T.L.O. informs the use of handcuffs in school v. excessive force. Here, the student was objectively enough of a safety risk to justify handcuffs. “Further, because the Fourth Amendment reasonableness inquiry is an objective standard, more discovery to determine Defendants’ … Continue reading

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E.D.Ky.: Mere school employee conduct search of coworker’s purse not “state actors” for § 1983

A couple of school employees who suspected another of being under the influence of prescription medications searched her purse. They were not “state actors” for § 1983. As school employees, they had a heightened duty to protect the children. Lawson … Continue reading

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N.D.Ohio: Refusing discovery on 4A grounds in forfeiture case results in no standing

On remand from the Sixth Circuit in this forfeiture case on the question of standing, claimant asserted Fourth Amendment privilege to all discovery requests about his standing to claim the money. The court finds no facts for standing means no … Continue reading

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CO: School search of serial offender under firearms “safety plan” was reasonable

The juvenile here was searched for weapons three days into his sophomore year. He was known to bring firearms to school, and his family and the school developed a “safety plan” to permit searches, which happened most of the freshman … Continue reading

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Fast Company: Schools are using surveillance tech to catch students vaping—and doling out harsh punishments

Fast Company: Schools are using surveillance tech to catch students vaping—and doling out harsh punishments (“Sensors marketed as fighting COVID-19 are actually being used to monitor students and then threaten them with suspension—or even criminal charges.”). Is there a reasonable … Continue reading

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CA6: Smell of MJ on student’s person justified school search

The smell of marijuana on a student’s person justified a school search, and here it was their backpack then pockets. Stanford v. Northmont City Sch. Dist., 2023 U.S. App. LEXIS 26336 (6th Cir. Oct. 2, 2023). This § 1983 plaintiff … Continue reading

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E.D.Cal.: 30-minute seizure of cell phone in school that was never searched was not unreasonable

Seizure of a cell phone in school for 30 minutes that was not searched at all was not unreasonable. McGuire v. Roseville Joint Union High Sch. Dist., 2023 U.S. Dist. LEXIS 98392 (E.D. Cal. June 5, 2023).* The warrantless blood … Continue reading

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E.D.Va.: Search of cell phone at school for explicit photos of 14-year-old reasonable under T.L.O.

A 13-year-old male student was showing explicit pictures of a 14-year-old girl on his phone at school. The search of the phone by school officials was reasonable under T.L.O., and it led him to juvenile court. O.W. v. Sch. Bd. … Continue reading

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IN: dog sniff outside a hotel room door was reasonable under the state constitution

A dog sniff outside a hotel room door was reasonable under the state constitution. (And, while other information was illegally gathered, this was enough for the warrant.) Crabtree v. State, 2022 Ind. App. LEXIS 385 (Dec. 1, 2022). Excessive force … Continue reading

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CA2: SW said “electronics” and “passwords” to access them, but it did not say “computers”; those words mean computers

The search warrant used the word “electronics” and “passwords” to access them, but it did not say “computers.” “Because the warrant specifically permitted seizure of “electronics,” a category into which computers and tablets would fall under the plain text, not … Continue reading

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CO: Anonymous, uncorroborated, and stale tip on school safety hotline not RS

An anonymous tip through a school safety hotline was also uncorroborated and stale and did not provide reasonable suspicion for a school search. In the Interest of C.C-S., 2021COA127, 2021 Colo. App. LEXIS 1440 (Oct. 20, 2021). See techdirt: Students … Continue reading

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S.D.N.Y.: Random Covid testing reasonable search under special needs doctrine

Assuming random Covid testing of NYC school children is a Fourth Amendment search, the court applies Vernonia School District 47J and special needs and finds it reasonable. Aviles v. De Blasio, 2021 U.S. Dist. LEXIS 38930 (S.D. N.Y. Mar. 2, … Continue reading

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Crime Online: School principal ordered to pay $3.6M for sharing students’ nude pictures online

Crime Online: School principal ordered to pay $3.6M for sharing students’ nude pictures online by Jacquelyn Gray (“A former principal in Kentucky who is serving a nine-year federal prison sentence was ordered last week to pay $3.6 million for confiscating … Continue reading

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TX4: School search was based on RS from info from known source

There was reasonable suspicion for a school search because the school authorities had information from a known source that provided it. In re J.A.M., 2020 Tex. App. LEXIS 2077 (Tex. App. – San Antonio Mar. 11, 2020). Defendant’s chokehold on … Continue reading

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MO: Suspicionless bookbag search at school was safety related and reasonable

This juvenile was subjected to a suspicionless bookbag search by school security in a St. Louis public school that found a gun. The court finds the search was reasonable based on the school safety factor alone. In the Interest of … Continue reading

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Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School

Education Week (blog): Justices Decline to Review Case Involving Strip Search of 4-Year-Old at School by Mark Walsh:

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New Law Review Article: Implicit Racial Bias and Students’ Fourth Amendment Rights

New Law Review Article: Jason P. Nance, Implicit Racial Bias and Students’ Fourth Amendment Rights, 94 Ind. L. J. 47 (2019):

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CA11: Drug testing of substitute teacher applicants was reasonable

Drug testing of substitute teacher applicants was reasonable. School employment is different and protection of the environment of children is paramount. Friedenberg v. School Board of Palm Beach County, 2018 U.S. App. LEXIS 35905 (11th Cir. Dec. 20, 2018):

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Tech Advocate: Can Schools Search Students’ Personal Devices

Tech Advocate: Can Schools Search Students’ Personal Devices by Matthew Lynch:

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CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] mature a lot faster’ was unreasonable under T.L.O.

Arresting middle school girls for alleged bullying and fighting at school violated the Fourth Amendment and was unreasonable: “After concluding that the girls were unresponsive and disrespectful, the deputy arrested the girls ‘to prove a point’ and ‘make [them] mature … Continue reading

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