Category Archives: School searches

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

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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

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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

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New Law Review Article: School Surveillance And The Fourth Amendment

Jason P. Nance, School Surveillance And The Fourth Amendment, 2014 Wis. L. Rev. 79. Abstract: In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The … Continue reading

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Cal.1st: Unverified report student shot another on a school bus the day before justified a locker search that found a sawed-off shotgun

The search of the juvenile’s school locker was validly based on an unverified report that he shot somebody on a school bus the day before. It was reasonable for the school officials to act on that information. A sawed-off shotgun … Continue reading

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