SCHOOL SAFETY LAW Fourth Amendment Issues

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SCHOOL SAFETY LAWFourth Amendment Issues

• Edmund Zigmund
• Senior Legal Instructor
• Department of Homeland Security
• Federal Law Enforcement Training Center
• Glynco, GA 31524
• [phone]
• Edmund.Zigmund_at_dhs.gov

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COLUMBINE SCHOOL SHOOTING
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WARRANTLESS SEARCHES IN PUBLIC SCHOOLS

• TWO GENERAL TYPES
• 1) INDIVIDUAL SUSPICION-BASED
• STUDENT SEARCHES
• 2) GENERAL STUDENT-WIDE SAFETY
• or ADMINISTRATIVE SEARCHES

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WARRANTLESS SEARCHES IN PUBLIC SCHOOLS

• TWO GENERAL TYPES
• 1) INDIVIDUAL SUSPICION-BASED
• STUDENT SEARCHES
• 2) GENERAL STUDENT-WIDE SAFETY
• or ADMINISTRATIVE SEARCHES

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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

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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 students age, sex
• and nature of infraction

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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

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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
• students age, gender, and
• nature of the infraction
• School officials can request
• assistance from school police
• officers or other law enforcement

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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

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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

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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

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INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES

• SUMMARY
• SCHOOL OFFICIALS REASONABLE
• (alone/in conjunction)
  SUSPICION
• SCHOOL POLICE REASONABLE
• SUSPICION
• OUTSIDE POLICE PROBABLE CAUSE

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WARRANTLESS SEARCHES IN PUBLIC SCHOOLS

• TWO GENERAL TYPES
• 1) INDIVIDUAL SUSPICION-BASED
• STUDENT SEARCHES
• 2) GENERAL STUDENT-WIDE SAFETY
• or ADMINISTRATIVE SEARCHES

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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

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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)

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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

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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

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• ?
• QUESTIONS

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• Thank You!