This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
4th Amendment In Schools Cases In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The Fourth Amendment of the Constitution guarantees the right of everyone “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This means that if the government (and government institutions like public schools) wants to search your belongings, or take them away from ...
Brendlin v. California | United States Courts.
Students are required by law to attend school, and by statute, principals, teachers, and other school personnel may exercise the same degree of physical control over a pupil that a parent could, in order to maintain order, safety, and a learning environment.
Through its Equal Protection Clause, Due Process Clause, and by incorporating the Bill of Rights, the Fourteenth Amendment has addressed issues such as which students share a classroom and whether students can be expelled without a hearing or made to recite prayers.
Public school students enjoy First Amendment protection depending on the type of expression and their age. The Supreme Court clarified in Tinker v. Des Moines Independent Community School District (1969) that public students do not “shed” their First Amendment rights “at the schoolhouse gate.”
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.
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 ...
The four most important remedies are motions to suppress, civil damages actions against individual officers, suits against municipalities, and suits seeking injunctive or declaratory relief.
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.
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 ...
More info
Defendant Kailey McCarthy's demurrer to the fourth cause of action in the second amended complaint is sustained with leave to amend. Case opinion for CA Court of Appeal WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT v.A.M.M., Real Party in Interest. This case is about whether Brennon and other putative plaintiffs are entitled to pursue the specific remedies made available under the Unruh Civil Rights Act. The workshops are offered Wednesday afternoons from. This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop. MSC-18-02219 (Contra Costa County Super. Contra Costa County et al, No. 22cv03375 - Document 27 (N. The U.S. Supreme Court reversed the New Jersey Supreme Court, holding that school officials can search a student if they have reasonable suspicion.