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4th Amendment In Schools Cases In Salt Lake
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Multi-State
County:
Salt Lake
Control #:
US-000280
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FAQ
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.
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 ...
This Amendment prohibits unreasonable searches and seizures by law enforcement in places where a person has a reasonable expectation of privacy.
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.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
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.
The amendment applies to governmental searches and seizures, but not those done by private citizens or organizations who are not acting on behalf of a government.
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.