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					SEARCH AND SEIZURE

  A REASONABLE TEST




    Created by the Ohio State Bar Foundation
           Search and Seizure
Redding v. Stafford United School District (2009)



               Created by the Ohio State Bar Foundation
               Background Story
•   Savana Redding (13 years old)

•   Zero tolerance drug policy

•   Accused of giving others
    prescription drug

•   Vice principal searches
    backpack

•   No pills found
Background Story
         • Strip searched down to
           underwear

         • Had to shake out bra
           and underwear

         • No pills

         • Humiliation and lawsuit
               Background Story
Fourth Amendments Rights:

The right of the people to be secure
in their persons, houses, papers, and
effects, against unreasonable
searches and seizures, shall not be
violated, and no warrants shall
issue, but upon probable cause,
supported by oath or affirmation,
and particularly describing the place
to be searched, and the persons or
things to be seized.
                Legal Problem

• Were Savana’s Fourth
  Amendment rights
  violated?

• Can schools strip search
  for drugs?
Arguments for Redding
          • No evidence of dangerous
            concealed drugs

          • Invasion of young girl
            unreasonable

          • Inability to return to
            school

          • Zero tolerance went too
            far
           Arguments for School
• Can act on school policies

• Objectively reasonable- area
  can conceal

• Reduced privacy in schools

• Uphold policies as they occur

• Cannot act if afraid of lawsuit
                       Outcome
• Supreme Court ruled 8-1 for
  Savanna

• Constitutional rights violated

• Officials went too far
  (quantum leap)

• No danger

• Unreasonable
Outcome
  • One dissenting vote

  • Judges should not second-
    guess

  • Ruling vague about drug
    searches
     – Specific accusations
     – Danger of drugs
SEARCH AND SEIZURE

  A REASONABLE TEST




    Created by the Ohio State Bar Foundation
 New Jersey
     v.
T.L.O. (1985)


Created by the Ohio State Bar Foundation
Background Story
        • Girl caught smoking
          (T.L.O.)

        • Denied she had been
          smoking

        • Searched purse

        • Found cigarettes and
          more
             Background Story
• Was dealing in school

• Police brought charges

• T.L.O. confessed

• Appealed conviction
Background Story
        • Argued search was illegal

        • Argued confession was
          invalid

        • Appealed to the Supreme
          Court
             Background Story
Fourth Amendment Rights:
 The right of the people to be
secure in their persons, houses,
papers, and effects, against
unreasonable searches and
seizures, shall not be violated,
and no warrants shall issue, but
upon probable cause, supported
by oath or affirmation, and
particularly describing the place
to be searched, and the persons
or things to be seized.
                Legal Problem
• Do students have the same
  Fourth Amendment rights as
  adults?

• Was the principal’s search
  unreasonable?

• Should the evidence have
  been thrown out?
Arguments for T.L.O.
         • School officials cannot act
           like parents

         • Must respect student right

≠
           to privacy

         • No warrant-no probable
           cause

         • Unreasonable search led to
           confession
       Arguments for New Jersey

• Schools can act in place
  of parents

• Schools have broad
  powers
                             =
• T.L.O.’s behavior gave
  reasonable cause
Outcome
    • Supreme Court ruled 6-
      3 in favor of New Jersey

    • Officials must maintain
      school discipline
                   Outcome
• Search can be reasonable
  without probable cause

• Metal detectors and
  protective searches now
  allowed
SEARCH AND SEIZURE

  A REASONABLE TEST




    Created by the Ohio State Bar Foundation
 Present Day Realities

Judging the Fourth Amendment




      Created by the Ohio State Bar Foundation
Fourth Amendment
     The right of the people to be
     secure in their persons, houses,
     papers, and effects, against
     unreasonable searches and
     seizures, shall not be violated, and
     no warrants shall issue, but upon
     probable cause, supported by oath
     or affirmation, and particularly
     describing the place to be searched,
     and the persons or things to be
     seized.
               Background Story


• Constitution over 220 years
  old
• Colonists wanted:
   – A castle and a fortress
   – Limits and definitions
               Background Story
Our Founding Fathers could not have predicted:
•   Terrorism
•   Drugs
•   Social media and Internet
•   Organized crime
•   School shootings
•   Mass media and electronics
•   Over 300 million people
      Asking Fourth Amendment
              Questions
• What can police do?
  – Police officer stops a car

  – Pat someone down for
    suspicious behavior

  – Park or open field
Asking Fourth Amendment
        Questions
            • Searches a friend at a
              house

            • Searches garbage can on
              the curb

            • Taps someone’s phone
              line

            • Searches Facebook
      Asking Fourth Amendment
              Questions
• Reads school Internet or
  emails

• Profiles person from
  known terrorist country
Asking Fourth Amendment
        Questions

            • Search someone’s
              computer files

            • Search at a border
              crossing
      Asking Fourth Amendment
              Questions
• Search a non-English
  speaking person

• Put a GPS tracker on a
  car?
Asking More Fourth Amendment
          Questions


              • Can parents put a GPS
                tracker on their children’s
                cars?
Asking More Fourth Amendment
          Questions
          • Can a school system tag certain
            words such as suicide or drugs
            or hit list on its computer server
            and identify students who write
            about these topics?

          • Does the school have the right
            to check the context of how the
            words are being used
 Asking More Fourth Amendment
           Questions
• Can government
  officials read someone’s
  email?

• Can evidence obtained,
  without a warrant, be
  used against a person at
  a trial?
Asking More Fourth Amendment
          Questions
              • Can evidence be used at
                a trial if the defendant
                gave permission for a
                search without a
                warrant?
              • What questions would
                you want answered if a
                police officer breaks
                into your bedroom and
                takes your journals?
 Asking More Fourth Amendment
           Questions
• How important in today’s
  society is it to protect
  Fourth Amendment rights?

• Who is responsible for the
  protection afforded under
  the Fourth Amendment if it
  is important? Is enough
  being done?
Asking More Fourth Amendment
          Questions


              • What can you do to
                protect your rights?

				
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