4th Amendment In Schools Cases In Hillsborough
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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.
Children are generally afforded the basic rights embodied by the Constitution. The Equal Protection Clause of the 14th Amendment is said to apply to children, but excludes those not yet born. There are both state and federal sources of children's-rights law.
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.
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.
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 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.
T.L.O. (US Supreme Court, 1985), the Court ruled that school administrators do not need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school. Nevertheless, there are limitations on schools searching students' belongings.
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.
T.L.O.: Qualified Fourth Amendment Rights for Public School Students. This article examines New Jersey v. T.L.O., a 1984 case in which the Supreme Court recognized for the first time that the fourth amendment prohibits unreasonable searches of students and their possessions by public school officials.
Acton, 515 U.S. 646 (1995); New Jersey v. T.L.O., 469 U.S. 325 (1985). Prior to 1985, however, it was unclear whether and how the Fourth Amendment applied to students at school. The Supreme Court first addressed that question in New Jersey v.
