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4th Amendment In Schools In Ohio
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US-000280
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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.
Brendlin v. California | United States Courts.
So, the Fourth Amendment says there shall be no unreasonable searches and seizures. And then it says that no warrant shall issue, preauthorizing a search or seizure, but upon probable cause.
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 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 ...
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.
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.
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 does not allow public schools to conduct random drug testing across the entire student body.
Yes, schools can drug test students. The U.S. Supreme Court has ruled that, under certain conditions, it's legal for public schools to conduct drug tests on their students. The court ruled that schools can conduct drug tests in the landmark case of Vernonia School District v. Acton (1995).
