{"id":1380,"date":"2008-01-11T04:06:04","date_gmt":"2007-09-22T10:04:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-22T10:04:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1380","title":{"rendered":"Strip search at school for drugs was justified under <em>T.L.O.<\/em>"},"content":{"rendered":"<p>Plaintiff&#8217;s daughter&#8217;s strip search at school was justified under <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=469&amp;invol=325\">T.L.O.<\/a> criteria because the school officials had reasonable suspicion she was in possession of drugs, and a less intrusive search first of her backpack produced nothing. <a href=\"http:\/\/www.ca9.uscourts.gov\/ca9\/newopinions.nsf\/A9F35200D27AB3418825735D005314A2\/$file\/0515759.pdf?openelement\">Redding v. Safford Unified School District #1<\/a>, 504 F.3d 828 (9th Cir. 2007).*<\/p>\n<p>Defendant&#8217;s consent was voluntary. While he was yelled at by a mall security officer a half hour earlier, that person was not present when the consent was granted, and there was no indication that it was otherwise involuntary.  [Stated in the facts, but not in the discussion is the fact that defendant was taking the blame so others would not be implicated in his own conduct.] <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200616595.pdf\">United States v. Brown<\/a>, 243 Fed. Appx. 544 (11th Cir. 2007).*<\/p>\n<p>Plaintiff&#8217;s <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=403&amp;invol=388\"><em>Bivens<\/em><\/a> action fails for a First and Fourth Amendment retaliation conspiracy when he could not show that the search warrant issued for him lacked probable cause. O&#8217;Neil v. Kiser, 2007 U.S. Dist. LEXIS 69368 (E.D. Mich. September 20, 2007).*<\/p>\n<p>Search warrant application provided a substantial basis for concluding that there was probable cause to believe that evidence would be found in the place to be searched and adequate nexus was shown. Thus, the good faith exception would save the search, too. United States v. Jackson, 508 F. Supp. 2d 422 (M.D. Pa. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1380\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1380","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1380","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1380"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1380\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1380"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1380"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1380"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}