{"id":8966,"date":"2013-08-27T07:35:51","date_gmt":"2013-06-29T00:04:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-28T16:45:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8966","title":{"rendered":"DE: Detaining a student at school to shame him into confessing to something violated the Fourth Amendment"},"content":{"rendered":"

Detaining a student at school to shame him into confessing to something violated the Fourth Amendment, and it was well established in this state at the time this happened. Hunt v. State<\/a>, 69 A.3d 360 (Del. 2013): <\/p>\n

<\/p>\n

Pritchett’s purpose in detaining Hunt bears on the analysis. In Shuman, for example, the assistant principal was investigating an incident of sexual misconduct, and required Shuman, one of the participants, to stay in a small conference room for four hours, while others were interviewed. Shuman did school work, and was taken to the cafeteria for lunch, but he was not free to leave the room on his own. The court found the detention reasonable, holding that, “[i]n light of the serious nature of [the other participant’s] accusations, or at a minimum, the misconduct which Shuman admitted to, it was reasonable for the school to detain Shuman to investigate this behavior.” In Gray v. Bostic, by contrast, the court held that an SRO’s conduct \u2014 handcuffing a nine-year-old for five minutes \u2014 “for the sole purpose of punishing her was an obvious violation of [the child’s] Fourth Amendment rights.”<\/p>\n

Pritchett’s purpose in interrogating Hunt is disputed. Pritchett stated that he interviewed Hunt to follow up on AB’s claim that Hunt took the money. But Pritchett also said that, before the interview, he told Hunt not to be concerned because Pritchett knew that Hunt was not involved. On a motion for summary judgment all facts and inferences are considered in the light most favorable to Hunt. Under this standard, as noted above, one could find that Pritchett was interrogating Hunt for the purpose of scaring him, so that AB would be shamed into confessing. Pritchett should have known that it was unreasonable to seize Hunt and intentionally frighten him, in order to teach another student a lesson.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-8966","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8966","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=8966"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8966\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8966"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8966"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}