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Student Search and Seizure

Student Search and Seizure. Chris Hamiel EDAD 620. The Situation. Suspicious object spotted. Does the teacher have The right to ask student to empty pockets. Not “Just Cause”. In school it needs to be a reasonable search.

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Student Search and Seizure

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  1. Student Search and Seizure Chris Hamiel EDAD 620

  2. The Situation. • Suspicious object spotted.

  3. Does the teacher have The right to ask student to empty pockets.

  4. Not “Just Cause” • In school it needs to be a reasonable search. • You need reasonable suspicion brought on by reliable information. • No gut feelings. • Greater latitude to search school property (desk, lockers). • Personal search should be only in the case of a serious threat. • No random searches. • Search warrants not needed due in part to “in loco parentis”.

  5. Court cases • New Jersey v. T.L.O. (1985) • Girl caught smoking. • In re William G. (1985) 40 Cal.3d 550 , 221 Cal.Rptr. 118; 709 P.2d 1287 • Boy caught with pot. • Doe v. Little Rock School District • Random search (not o.k.) • Vernonia School District 47J v. Acton, 515 U.S. 646 (1995) • Random search (o.k.)

  6. Can a student refuse. • No. • DesRochesv. Caprio, 156 F.3d 571 (4th Cir. 1998) • Student suspended for refusing to search.

  7. Should force be used • Reasonable force may be used to restrain a student. • The PEOPLE of the State of New York, v. Miguel SOTO, Defendant. • July, 2002 • Forcible touching must be criminal in nature.

  8. Would such search be legal. • Yes. • If all criteria have reasonable suspicion or cause.

  9. Guidelines • Reasonable Suspicion • Individualized Suspicion • School Property – Lockers and Desks, etc. • The Person • Restraint of Student

  10. sources • Infoplease.com • http://www.infoplease.com/us/supreme-court/cases/ar24.html • Lawlink.com • http://www.lawlink.com/research/CaseLevel3/8856 • Virginia Ed. Department • http://www.wps.k12.va.us/sysinfo/policies/JFG.htm • Wikepedia • http://en.wikipedia.org/wiki/Vernonia_School_District_47J_v._Acton

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