4th Amendment In Schools Cases In Wake
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Brendlin v. California | United States Courts.
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.
The Supreme Court of the United States held that yes, students do have a right to be safe from unreasonable searches and seizures even when they are within the confines of the school building. However, like other fundamental rights, those rights are slightly diminished for students.
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.
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 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 ...
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 ...
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 ...
Searches conducted by school officials are government action and are subject to Fourth Amendment scrutiny; students have a legitimate expectation of privacy in their belongings at school.
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.
