4th Amendment In Schools Cases In New York
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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 ...
Affirmative. Yes. Although students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” school administrators must have the ability to restrict speech that is harmful to other students, in this instance promoting illegal drug use.
Though not specifically about education, the Fourteenth Amendment has had a large impact on education, first through desegregation of schools thanks to Brown v. the Board of Education and Plyler v. Doe, and, later, through putting students with disabilities in the least restrictive environment, thanks to PARC v.
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.
A: In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools.
Students are required by law to attend school, and by statute, principals, teachers, and other school personnel may exercise the same degree of physical control over a pupil that a parent could, in order to maintain order, safety, and a learning environment.
In New Jersey v. T.L.O., the Supreme Court set the test to determine if a school official's search of a student is reasonable under the Fourth Amendment. It creates a lower standard than the one required for law enforcement. First, the search must be justified at its inception.
11.5 Case Brief: Fourth Amendment Supreme Court Cases Olmstead v. United States (1928) Mapp v. Ohio (1961) Katz v. United States (1967) Terry v. Ohio (1968) Carpenter v. United States (2018)
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.
Brendlin v. California. This Fourth Amendment activity is based on the landmark Supreme Court case Brendlin v. California, dealing with search and seizure during a traffic stop.
