Presentation Transcript
SCHOOL SAFETY LAW Fourth Amendment Issues : SCHOOL SAFETY LAW Fourth Amendment Issues
Edmund Zigmund
Senior Legal Instructor
Department of Homeland Security
Federal Law Enforcement Training Center
Glynco, GA 31524
(912) 280-5447
Edmund.Zigmund@dhs.gov
COLUMBINE SCHOOL SHOOTING: COLUMBINE SCHOOL SHOOTING
WARRANTLESS SEARCHES IN PUBLIC SCHOOLS: WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES:
1) INDIVIDUAL SUSPICION-BASED
STUDENT SEARCHES
2) GENERAL STUDENT-WIDE SAFETY
or ADMINISTRATIVE SEARCHES
WARRANTLESS SEARCHES IN PUBLIC SCHOOLS: WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES:
1) INDIVIDUAL SUSPICION-BASED
STUDENT SEARCHES
2) GENERAL STUDENT-WIDE SAFETY
or ADMINISTRATIVE SEARCHES
SCHOOL OFFICIALS ACTING ALONE : SCHOOL OFFICIALS ACTING ALONE
NEW JERSEY v. T.L.O.
469 U.S. 325, 105 S.Ct. 733 (1985)
Search constitutional
4th Amendment does apply
to searches conducted by
public school officials
SCHOOL OFFICIALS ACTING ALONE : SCHOOL OFFICIALS ACTING ALONE
NEW JERSEY v. T.L.O. (cont.)
469 U.S. 325, 105 S.Ct. 733 (1985)
Need Reasonable Suspicion:
student violating law or school rules
Do not need Search Warrant
Scope of the Search limited to
objective of the search:
consider student’s age, sex
and nature of infraction
SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS : SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS
In Re ANGELIA D.B.
564 N.W.2d 682 (Wis. 1997)
Search constitutional
Reasonable suspicion
justified search by school
liaison officer at request of
and in conjunction with
school officials
SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS : SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS
In Re ANGELIA D.B. (cont.)
564 N.W.2d 682 (Wis. 1997)
Scope of search not excessive
student’s age, gender, and
nature of the infraction
School officials can request
assistance from school police
officers or other law enforcement
SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY : SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY
PEOPLE v. DILWORTH
661 N.E.2d 310 (Ill. 1996)
Search constitutional
Search by school liaison officer
conducted to maintain a proper
educational environment
SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY : SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY
PEOPLE v. DILWORTH (cont.)
661 N.E.2d 310 (Ill. 1996)
Reasonable suspicion existed &
school liaison officer was a
school official
Scope of search proper -
officer seized and
searched only flashlight
SEARCHES BY OUTSIDE POLICE or INDEPENDENT POLICE: SEARCHES BY OUTSIDE POLICE or INDEPENDENT POLICE F.P. v. STATE
528 So.2d 1253 (Fla. Dist. Ct. App. 1988)
Unconstitutional Search
"School Official Exception"
did not apply
Search at request of
outside police
S.R.O. needed consent or
probable cause
INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES: INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES SUMMARY
SCHOOL OFFICIALS REASONABLE
(alone/in conjunction) SUSPICION
SCHOOL POLICE REASONABLE
SUSPICION
OUTSIDE POLICE PROBABLE CAUSE
WARRANTLESS SEARCHES IN PUBLIC SCHOOLS: WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES:
1) INDIVIDUAL SUSPICION-BASED
STUDENT SEARCHES
2) GENERAL STUDENT-WIDE SAFETY
or ADMINISTRATIVE SEARCHES
GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES: GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES
VERNONIA SCH. DIST 47J v. ACTON
515 U.S. 646, 115 S. Ct. 2386 (1995)
Drug testing of student
athletes constitutional
“Special Needs” make the
warrant and probable-cause
requirement impracticable
METAL DETECTORS: METAL DETECTORS
Thompson v. Carthage Sch. Dist.
87 F.3d 979 (8th Cir. 1996)
Search constitutional
Risk to student safety and school discipline no reasonable guardian/tutor could ignore
General but minimally intrusive search for dangerous weapons (even though no suspicion of any particular student)
DOGS: DOGS
B.C. v. Plumas Unified Sch. Dist.
192 F.3d 1260 (9th Cir. 1999)
Dog “sniff” searches of property are not “searches” (See United States v. Place)
Close proximity sniffing of person is offensive, highly intrusive and was an unconstitutional search
Individualized suspicion required for dog sniff of students
LOCKERS: LOCKERS In re Patrick Y.
746 A.2d 405 (Md. Ct. App. 2000)
Search constitutional
School lockers were school property
no reasonable expectation of privacy
School officials can search like any school property
No probable cause or reasonable suspicion required
Slide18:
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QUESTIONS
Slide19:
Thank You!