Term
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Definition
*Searched 14 year old girl's purse for cigarettes, found cigarettes and rolling papers. Searched more and found marijuana.
*Search was justified at inception
*Search was reasonable
*Suspicion bucket must be 51%
*Document, Document, Document |
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Term
| Safford USD v Redding (2009) |
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Definition
*13-year-old girl had friend borrowed planner, knives, superscription advil pills, etc placed in planner, then semi-strip search of bra and underwear even though student denied knowing about all items.
*Search considered excessively intrusive for content
*Students were not considered to be in danger
*No reasonable suspicion for bra and underwear to be searched
*Principal DID have reasonable suspicion but level of suspicion did not match degree of intrusiveness. |
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Term
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Definition
*Must be considered a danger
*Must have reasonable suspicion |
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Term
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Definition
*Drug testing upheld for all extra curricular activities
*Permits suspicion-less, random searches since extra-curricular activities are voluntary |
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Term
| Vernonia SD 47J v Acton (1995) |
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Definition
*Random urine samplig in sports using signed testing consent forms
*Not a violation of 4th Amendment and is constitutional
*Lower privacy level
*Considered reasonable |
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Term
| Can I search an entire class or group of students? |
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Definition
Typically No.
Unless items value/threat warrants it. Scope of search must be related to value or significance of item. You can search a class for a Ti-89, but not a #2 pencil. |
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Term
| I a Resource Officer considered part of the school faculty? |
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Definition
| Memorandum of Understanding (MOU) determines if an SRO is part of the Police department or the school district, which determines what they can do. |
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Term
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Definition
1. Protects the right of the people
2. Protects from unreasonable search/seizures
3. Must have probable cause
4. Search is specific
5. Judge is interposed |
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Term
| Tinker v Des Moines ISD (1969) |
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Definition
*Students don’t shed their rights at the school-house door
*is there a material and substantial disruption to the regular school day
*armbands did not cause a substantial disruption.
*Avoiding uncomfortableness is not enough to show a disruption |
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Term
| When can an unreasonable search and seizure be conducted? |
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Definition
| A student's freedom from unreasonable search and seizure MUST be balanced against the need to MAINTAIN order/discipline; protect health/welfare of others. |
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Term
| Facts about Search and Seizure Reasonableness: |
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Definition
1. Reasonable cause to believe
2. Not reasonable if it lacks specificity or excessively intrudes on privacy
3. Scope of search has to match the facts |
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Term
| Open Forum (1st Amendment Rights) |
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Definition
| A government property that is opened to the public for expressive activities of any kind. |
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Term
| Closed Forum (1st Amendment Rights) |
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Definition
| Not specially designated as open to public expression. For example, jails, public schools, and military bases are nonpublic forums (unless declared otherwise by the government). Such forums can be restricted based on the content (i.e., subject matter) of the speech, but not based on viewpoint. |
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Term
| Limited Forums (1st Amendment Rights) |
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Definition
| Limited public forums, such as municipal meeting rooms, are nonpublic forums that have been specifically designated by the government as open to certain groups or topics. Traditional public forums cannot be changed to nonpublic forums by governments. |
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Term
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Definition
*School district tried to implement religious curriculum
*3 part Lemon test - strictly secular purpose; cannot advance or inhibit religion; cannot result in excessive entanglement of govt and religion |
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