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4th Amendment In Schools In Allegheny
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Multi-State
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Allegheny
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US-000280
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Brendlin v. California. This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.
Brendlin v. California | United States Courts.
The Fourth Amendment applies to searches conducted by public school officials because “school officials act as representatives of the State, not merely as surrogates for the parents.” 350 However, “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject ...
In the landmark decision Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate".
Like searches, the seizure, or confiscation, of personal property is limited by the Fourth Amendment. Despite this, nearly every school has a policy of taking certain items belonging to students. Most commonly, this includes cell phones, but school have confiscated anything from stuffed animals to permanent markers.
New Jersey v. T.L.O, 469 U.S. 325 (1985): In a landmark case affirming students' rights in schools, the Supreme Court ruled that the Fourth Amendment prohibited unreasonable searches and seizures in public schools.
26 In acknowledging the importance of the Fourth Amendment exclusionary rule in deterring illegal search and seizures of juveniles, the courts have concluded that a child who encounters an officer on the street has a legitimate expectation of privacy in his person and property.
Do I have First Amendment rights in school? You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don't disrupt the functioning of the school or violate school policies that don't hinge on the message expressed.
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults.
Generally, a person has no reasonable expectation of privacy for property and personal effects they hold open to the public. The Fourth Amendment does not protect things that are visible or in "plain view" for a person of ordinary and unenhanced vision.