Transcript to view Dr. Stefkovich`s PowerPoint Presentation

The Fourth Amendment and
Public Schools
The Fourth Amendment
Guarantees that . . .
“The right of people to be secure in
their persons, houses, papers, and
effects against unreasonable searches
and seizures, shall not be violated,
and no Warrants shall issue, but upon
probable cause, supported by Oath or
affirmation, and particularly
describing the place to be searched,
and the persons or things to be
seized.”
New Jersey v. T.L.O.
The Court balanced students’ rights to
privacy against school officials’
responsibilities to maintain order &
discipline.
The T.L.O. Test for
Reasonableness
• The search must be justified at its inception.
• The search must be reasonable in scope,
i.e.,“the measures adopted are reasonably
related to the objectives of the search and
are not excessively intrusive in light of the
age and sex of the student and the nature of
the infraction.”
Issues T.L.O. Did Not Address
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Less Intrusive Searches (Lockers, Desks)
More Intrusive Searches (Strip Searching)
Police Involvement in School Searches
The Exclusionary Rule
Individualized Suspicion
Vernonia v. Acton
The Court balanced the intrusiveness
of the search against the promotion of
legitimate government interests.
The Vernonia Test
• Need
• Expectation of Privacy
• Obtrusiveness of the Search
The Earls decision
Issues Left Unresolved by
Vernonia
• Legality of random drug testing for students
involved in extracurricular activities.
• Legality of random drug testing for all
students.
• Need for individualized suspicion in
searches other than random drug testing of
student athletes.
Court Decisions
• There have been almost three times as many
court cases since T.L.O. as before.
• State courts rendered the majority (71%) of
post-T.L.O. decisions.
• The T.L.O. standard for reasonableness has
been used in most post-T.L.O. decisions.
• Students have lost in 79% of the cases.
Court Decisions
• Most searches (about 75%) were of males
between the ages of 14 & 17.
• The most common types of searches were
of pockets, lockers, & bookbags.
• 74% of the searches were for illegal drugs
or weapons; 11% were for stolen property.
• Even when students won, they received
money damages only 8% of the time;
evidence was suppressed 39% of the time.
Something Was Found in 83% of
the Cases
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Illegal Drugs or Drug Paraphernalia: 41%
Weapons: 22%
Stolen Money or Property: 3%
Nothing: 17%
Court Decisions
• The first court decision upholding the use of metal
detectors in schools was after T.L.O.
• The first court cases upholding intrusive strip
searches were after T.L.O.
• The first court case upholding drug testing of
students in extracurricular activities was decided
after Vernonia.
• The first court case upholding personal searches of
groups of students was rendered after Vernonia.
Important Pennsylvania Cases
• Commonwealth v. Cass
• Theodore v. Delaware Valley
States with Legislation
Prohibiting Strip Searches in
Public Schools
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California
Iowa
New Jersey
Oklahoma
• South Carolina
• Washington
• Wisconsin