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4th Amendment In Schools Cases In Montgomery
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Montgomery
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US-000280
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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.
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.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
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 ...
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.
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".
Brendlin v. California | United States Courts.
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.
Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.
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.
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The parents alleged the policy unconstitutionally usurps the parents' fundamental right to raise their children under the Fourteenth Amendment. The Fourth Amendment does not forbid all government searches and seizures, only unreasonable ones.The 4 th Amendment to the US Constitution guarantees freedom from unreasonable search and seizure. This action was commenced in May 1964 to obtain integration in the Montgomery County, Alabama, public schools. Montgomery County Public Schools. Pancake, Montgomery App. Document 2: Code of Maryland Regulations,13A.08.01.14. Searches. Search of public high school student for contraband after she was caught smoking was reasonable under the Fourth Amendment. Document 2: Code of Maryland Regulations,13A.08.01.14. Searches. 2, 4 (1963) (dissenting opinion), as it vacated and remanded many cases in the wake of Gideon v.