School search satisfied article 14 in smith the court held that an administrative search, passage through a metal detector at entrance of high school, satisfied the reasonableness requirement under article 14 and the fourth amendment. Without proper privacy protections, we risk allowing invasive law enforcement tactics like smartphone searches or cell-site simulators as technology proliferates, so do opportunities for overbroad searches and surveillance of our most private realms. A “law enforcement officer” must have “probable cause” to conduct a lawful search, but a school employee only has to establish “reasonable suspicion” if the request from the search was directed by a school administrator, then the sro may conduct the search on “reasonable suspicion.
The fourth amendment’s search and seizure restrictions apply in public schools, but, the courts give school officials and police more leeway to conduct searches in school 65 courts balance a student’s privacy rights against the school’s interest in safety and student discipline.
The right to search students kate r ehlenberger against unreasonable searches and seizures before 1985, doubt existed about whether this right applied to students in the public schools local judges and attorneys, school staff, and community members a sound policy can make the difference between a legal or illegal search sound.
In the 1985 case new jersey v tlo, the supreme court attempted to clarify the scope of legal searches in public schools the case involved a girl who was caught smoking cigarettes in a bathroom after a subsequent search, a teacher found illegal drugs in her purse. The prohibition against unreasonable search and seizure in the indi-ana and us constitutions as we consider this issue, many questions should arise essen-tially, we are dealing with fundamental questions related to balancing individual rights with the common good, questions that are debated in the highest courts of the state and the nation.
Issues of privacy, search and seizure, and due process rights can be highly charged and emotional because it calls for balancing school safety and discipline versus student rights, many of these cases never get to court, but are settled by discussions with school officials. The search-and-seizure provisions of the fourth amendment are all about privacy to honor this freedom, the fourth amendment protects against unreasonable searches and seizures by state or federal law enforcement authorities.
Acton (us supreme court, 1995), the supreme court ruled that the random drug testing of high school athletes does not violate the reasonable search and seizure clause of the fourth amendment in board of education v. September 2016 search and seizure: the fourth search and seizure: the fourth amendment in schools two recent (2016) court cases, both in the 11th circuit, addressed the ennis britton september 2016 school law review 4 search and seizure continues to be an area rife with potential challenges for school districts the first case.
Search and seizure in the schools issue book number 1 contents should be free from unreasonable search and seizure a school administrator must have reasonable cause to believe since special legal distinctions apply to juveniles, rules a school. Cornell law school search cornell toggle navigation support us search form search note, chambers v maroney: new dimensions in the law of search and seizure, 46 indiana lj 257, 262 (1971) authorizes a magistrate judge to issue a search warrant for property located within certain delineated parts of united states jurisdiction that.