LEGAL GUIDE
Written by attorney Martha A Mclaughlin | Jan 7, 2015

THE EXTENT TO WHICH MINORS HAVE PROTECTION UNDER THE FOURTH AMENDMENT IN A PUBLIC SCHOOL SETTING

Although students do not shed their constitutional rights at the gate and maintain a legitimate expectation of privacy in their person and belongings that they bring to school, it is well established that school officials do not need a search warrant or even probable cause to conduct a search.

Additional resources provided by the author

Table of Authorities United States Supreme Court Cases Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 87 S.Ct. 1727 (1967) Katz v. U.S., 398 U.S. 347, 88 S.Ct. 507 (1967) New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733 (1985) Schreckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041 (1973) Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) U.S. v. Jacobsen, 466 U.S. 109, 104 S.Ct. 1652 (1984) U.S. v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870 (1980) U.S. v. Place, 462 U.S. 696, 103 S.Ct 2637 (1983) Veronica School District 47J v. Acton, 515 U.S. 646, 115 S.Ct 2386 (1995) Other Cases B.C. v. Plumas Unified School District, 192 F.3d 1260 (1999) Carlson v. Bremen High School District 228, 423 F.Supp.2d 823 (2006) C.N.H. v. State, 927 So.2d 1. (2006) Doe v. Renfrow, 631 F.2d 91 (1980) Doe v. State of Hawaii Department of Education, 334 F.3d 906 (2003) Gray v. Bostic, 2006 WL 2244262 (11th Cir. (ala.)) Hassan v. Lubbock Indep. School District, 55 F.3d 1075, (5th Cir. 1995) Horton v. Goose Independent School District, 609 F.2d 470 (5th Cir. 1982) In the Matter of L.A., 270 Kan. 879, 21 P.3d 952 (2001) Johnson v. City of Lincoln Park, 434 F.Supp.2d 467 (2006) Jones v. Latexo Independent School District, 49 F.Supp. 223 (1980) Kennedy v. Dexter Consolidated Schools, 129 N.M. 436, 10 P.3d 115 (2000) Kuehn v. Renton School District No. 403, 103 Wn.2d 594, 694 P.2d 1078 (1985) Meyer v. State, 839 N.E.2d 1154 (2005) People v. Corey, 203 Cal.App.3d 1020, 250 Cal.Rptr. 359 (1988) People v. Pankhurst, 365 Ill.App.3d 248, 848 N.E.3d. 628, 302 Ill.Dec. 329 (2006) Phaneuf v. Fraikin, 448 F.3d 591, 209 Ed. Law Rep. 624 (2006) R.S.M. v. State, 911 So.2d 283 (2005) State in Interest of Feazell, 360 So.2d 1907 (1978) State v. B.A.S., 103 Wn. App. 549, 13 P.3d 244 (2000) State v. Brooks, Wn. App. 560, 718 P.2d 837 (1986) State v. K.L.M., 278 Ga.App. 219, 628 S.E.2d 651 (2006) State v. Mckinnon, 88 Wn.2d 75, 558 P.2d 781 (1977) State v. Pablo, 137 P.3d 1198 (2006) State v. Slattery, 56 Wn. App. 820, 787 P.2d 932 (1990) Other Sources Black’s Law Dictionary 91 Ed. Law Rep. 455, The Fourth Amendment and the Public Schools: Reasonable Suspicion in the 1990s, 1994 14 Ed. Law Rep. 1, Constitutionality of Canine Searches in Public Schools, 1984 Examples and Explanations Criminal Procedure, Robert Bloom and Mark Brodin. 2004 Criminal Procedure, Wayne LaFave, Jerold Isreal, and Nancy King. 2004 Search and Seizure, A Treatise on the fourth Amendment, Wayne LaFave Class Notes from Criminal Procedure Investigative, Janet Ainsworth, 2005

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