4th Amendment In Schools Cases In Allegheny
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The Supreme Court ruled in 1969 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well.
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.
Although students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” school administrators must have the ability to restrict speech that is harmful to other students, in this instance promoting illegal drug use. Frederick displayed his banner at a school event.
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.
The Fourth Amendment states that “no warrants shall issue, but upon probable cause.” This means that any search and seizure conducted without a warrant has the potential to be unconstitutional.
The broad authority of school administrators over student behavior, school safety, and the learning environment requires that school officials have the power to stop a minor student in order to ask questions or conduct an investigation, even in the absence of reasonable suspicion, so long as such authority is not ...
In the context of criminal procedure, courts generally call any part of the property surrounding a dwelling that is not part of the curtilage an “open field.” The open field/curtilage differentiation is important because, while a warrant is required to search the curtilage, officers are allowed to make a warrantless ...
Governmental intrusion and information collection upon open fields do not constitute searches or seizures under the Fourth Amendment. Expectation of privacy in an open field is not considered as reasonable or legitimate, even if there are fences or “no trespassing” signs around the field.
“An individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home.” 340 Nor may an individual demand privacy for activities conducted within outbuildings and visible by trespassers peering into the buildings from just outside.
The Fourth Amendment states that “no warrants shall issue, but upon probable cause.” This means that any search and seizure conducted without a warrant has the potential to be unconstitutional.
