{"id":1621,"date":"2008-06-22T07:41:58","date_gmt":"2007-12-21T08:24:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-21T08:24:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1621","title":{"rendered":"School district&#8217;s plan to record audio in some classes did not violate Fourth Amendment"},"content":{"rendered":"<p>School district&#8217;s plan to record audio in certain classrooms during the day did not raise a Fourth Amendment claim. There is no expectation of privacy as to what is said in a classroom. Plock v. Bd. of Educ. of Freeport Sch. Dist. No. 145, 545 F. Supp. 2d 755 (N.D. Ill. 2007):<\/p>\n<blockquote><p>What is said and done in a public classroom is not merely liable to being overheard and repeated, but is likely to be overheard and repeated. See, e.g., <em>Evens v. The Superior Court of Los Angeles County<\/em>, 77 Cal.App.4th 320, 325 (2d Dist 1999) (finding teacher&#8217;s expectations that her communications would be confined to the classroom unreasonable, that such communications &#8220;will virtually never be confined to the classroom,&#8221; and that students &#8220;will, and usually do, discuss a teacher&#8217;s communications and activities with their parents, other students, other teachers, and administrators.&#8221;). A classroom in a public school is not the private property of any teacher. A classroom is a public space in which government employees communicate with members of the public. There is nothing private about communications which take place in such a setting. Any expectations of privacy concerning communications taking place in special education classrooms such as those subject to the proposed audio monitoring in this case are inherently unreasonable and beyond the protection of the Fourth Amendment.<\/p><\/blockquote>\n<p>Plaintiff&#8217;s cause of action for false arrest would have arisen on their arrest and not later production of a false consent form that they didn&#8217;t even rely on. Dean v. Behrend, 2007 U.S. Dist. LEXIS 93148 (N.D. Ill. December 19, 2007).*<\/p>\n<p>Searches of police officer&#8217;s office telephone records was permitted under <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=442&amp;invol=735\"><em>Smith v. Maryland<\/em><\/a>. Searches of his office computer hard drive and his departmentally issued equipment was within the operational realities of the workplace under <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=442&amp;invol=735\"><em>O&#8217;Connor v. Ortega<\/em><\/a>. Ober v. Miller, 2007 U.S. Dist. LEXIS 93236 (M.D. Pa. December 18, 2007).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1621\">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-1621","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1621","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=1621"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1621\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1621"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}