Search and Seizure

Search and Seizure
The Legal and Ethical Issues
Involved with Search and Seizure
in Our Classrooms.

Learning Team C
Brandon Kennard, Christine McGee, Joshua Anderson, Tammy Romo EDL/535
October 13, 2014
Dr. Rahim Jones

Agenda












8:00 am- Welcome
8:30- Define search and seizure
9:00- Types of searches
9:15- School’s Rights
9:30- Student’s Rights
9:45- BREAK
10:00- 4th and 5th Amendments
10:15- Court cases and scenarios
11:00- Searches at the District and State level
11:30- Officer Wheeler
12:30-Lunch

Search and Seizure
• Public School Officials acting in loco parentis have the right to initiate a search based on reasonable suspicion. ( Essey, 2003). • A public school student's protection against unreasonable search and seizure is less stringent in school.

What is Search and Seizure?
•  a search of a student by a teacher or other school official will be "justifie d at its inception" when: 
• there are reasonable grounds suspecting the search will result in evidence that the student has violated or is violating either the law or rules of the school. • the measures are related to the objective of the search. • the measures are not intrusive in light of the age and sex of the student.

• The "ordinary circumstances" justifying a warrantless search and seizure  of a public school student are limited to:
• searches and seizures that take place on-campus or off-campus at schoolsponsored events. 

• Warrantless searches of students who are found off campus and not attending a school-sponsored event will still contravene the Fourth Amendment.
("The Free Dictionary", 2014). 

What are the types of searches?
(Strip, car, field trips, backpacks, etc)

Car Searches

Backpack/Purse Searches

Other searches

What are the rights of the school?

What are the rights of the students?

BREAK TIME

4th and 5th Amendment along with Due Process
4th Amendment
•Protects against
unreasonable searches
and seizures
•Gives people the
right to be secure in
their places of
residence as well as in
person
•Does not protect
against all searches
and seizures just
unreasonable ones.

5th Amendment
•Gives American people
the right to due process in a
court of law
•Protects against reprosecuting for the same
offense

Search and Seizure Court Cases

Vernonia vs. Action 1995
A U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student athletes were required to submit to random drug testing before being allowed to participate in sports. During the season, 10% of all athletes were selected at random for testing. The Supreme Court held that although the tests were searches under the Fourth Amendment, they were reasonable in light of the schools' interest in preventing teenage drug use.

("The United States Department Of Justice", 2001). 

Board of Education vs. Earls 2002
A United States Supreme Court case in which the Court
upheld the constitutionality of mandatory drug testing
by public schools of students participating in
extracurricular activities. The legal challenge to the
practice was brought by two students, Lindsay Earls
and Daniel James, and their families against the school
board of Tecumseh, Oklahoma, alleging that their
policy requiring students to consent to random
urinalysis testing for drug use violated the Fourth
Amendment to the United States Constitution.
("The United States Department Of Justice", 2001). 

https://www.youtube.com/watch?v=65G3ZcZJb_c

New Jersey vs. T.L.O 1985
A decision by the Supreme Court of the United States
addressing the constitutionality of a search of a public
high school student for contraband after she was caught
smoking. A subsequent search of her purse revealed
drug paraphernalia, marijuana, and documentation of
drug sales. She was charged as a juvenile...

References: Essex, Nathan L., 2003. Intrusive Searched Can Prove Troublesome for Public School
Officials. The Clearing House. 76, 195-197.
The free dictionary. (2014). Retrieved from http://legaldictionary.thefreedictionary.com/Search+and+Seizure+at+Public+Schools.
The United States department of justice. (2001). Retrieved from
http://www.justice.gov/osg/briefs/2001/3mer/1ami/2001-0332.mer.ami.html
UMKC school of law. (2014). Retrieved from
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/tlo.html
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