SEARCH AND SEIZURE

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SEARCH AND SEIZURE

• A REASONABLE TEST

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Search and Seizure

• Redding v. Stafford United School District (2009)

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Background Story

• Savana Redding (13 years old)
• Zero tolerance drug policy
• Accused of giving others prescription drug
• Vice principal searches backpack
• No pills found

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Background Story

• Strip searched down to underwear
• Had to shake out bra and underwear
• No pills
• Humiliation and lawsuit

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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.
  

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Legal Problem

• Were Savanas Fourth Amendment rights violated?
• Can schools strip search for drugs?

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Arguments for Redding

• No evidence of dangerous concealed drugs
• Invasion of young girl unreasonable
• Inability to return to school
• Zero tolerance went too far

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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

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Outcome

• Supreme Court ruled 8-1 for Savanna
• Constitutional rights violated
• Officials went too far (quantum leap)
• No danger
• Unreasonable

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Outcome

• One dissenting vote
• Judges should not second-guess
• Ruling vague about drug searches
• Specific accusations
• Danger of drugs

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SEARCH AND SEIZURE

• A REASONABLE TEST

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• New Jersey
• v.
• T.L.O. (1985)

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Background Story

• Girl caught smoking (T.L.O.)
• Denied she had been smoking
• Searched purse
• Found cigarettes and more

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Background Story

• Was dealing in school
• Police brought charges
• T.L.O. confessed
• Appealed conviction

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Background Story

• Argued search was illegal
• Argued confession was invalid
• Appealed to the Supreme Court

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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.
  

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Legal Problem

• Do students have the same Fourth Amendment rights
  as adults?
• Was the principals search unreasonable?
• Should the evidence have been thrown out?

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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

?
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Arguments for New Jersey

• Schools can act in place of parents
• Schools have broad powers
• T.L.O.s behavior gave reasonable cause

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Outcome

• Supreme Court ruled 6-3 in favor of New Jersey
• Officials must maintain school discipline

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Outcome

• Search can be reasonable without probable cause
• Metal detectors and protective searches now
  allowed

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SEARCH AND SEIZURE

• A REASONABLE TEST

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Present Day Realities

• Judging the Fourth Amendment

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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.

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Background Story

• Constitution over 220 years old
• Colonists wanted
• A castle and a fortress
• Limits and definitions

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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

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Asking Fourth Amendment Questions

• What can police do?
• Police officer stops a car
• Pat someone down for suspicious behavior
• Park or open field

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Asking Fourth Amendment Questions

• Searches a friend at a house
• Searches garbage can on the curb
• Taps someones phone line
• Searches Facebook

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Asking Fourth Amendment Questions

• Reads school Internet or emails
• Profiles person from known terrorist country

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Asking Fourth Amendment Questions

• Search someones computer files
• Search at a border crossing

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Asking Fourth Amendment Questions

• Search a non-English speaking person
• Put a GPS tracker on a car?

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Asking More Fourth Amendment Questions

• Can parents put a GPS tracker on their childrens
  cars?

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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

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Asking More Fourth Amendment Questions

• Can government officials read someones email?
• Can evidence obtained, without a warrant, be used
  against a person at a trial?

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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?

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Asking More Fourth Amendment Questions

• How important in todays 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?

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Asking More Fourth Amendment Questions

• What can you do to protect your rights?