CHILDREN AND THE LAW
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Delinquency Matters
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School-Related Issues
.........Search: School Personnel
11 Cards On This Topic:
Although school search of 13-yr.-old's underwear unreasonable and violated 4th Amendment, school officials protected from liability through qualified immunity.
Search of student by school authorities constitutional if reasonable under all circumstances.
Minor found with knives at school not entitled to individualized suspicion before she could be searched with others suspected of smoking; search neither unreasonable nor unreasonably conducted.
Standard to determine legality of search by public school official is reasonable suspicion.
Trial court correctly denied M's motion to suppress drugs found via established school policy designed to prevent students who left and returned against school rules from bringing in harmful objects.
When a school official independently decides to search a student and then does so, T.L.O. standard applies, even if police provide the information justifying the search and are present when it occurs.
M's admission that he had knife in backpack provided school authorities with reasonable suspicion to justify intrusion into his backpack regardless of any anonymous tip.
Police officer on 2-yr. assignment as resource officer at M's school was a school official for purposes of Fourth Amendment, and search of M was justified by reasonable suspicion he was engaging in conduct that violated school rules.
Unlike in other public places, school officials need not articulate specific crime violated to detain outsider for limited purpose of determining whether presence justified on campus.
On campus search of suspect student for dangerous weapons was reasonable, even constitutionally compelled in light of all students’ right to safe, secure and peaceful campus.
Exclusionary rule inapplicable to school authorities in high school disciplinary proceedings.