Search and SeizureCivics October 20th

The 4th Amendment

What is seizure?

Other ways you can be seized

Warrants

Probable Cause

What does that look like in schools?

Courts have reduced the burden on the government to justify searches and seizures on school grounds.

In New Jersey v. T.L.O. the Supreme Court said that a school can search and seize students’ possessions if there is “reasonable suspicion.”

WHAT THE HECK IS THAT?

What is “reasonable”?Is the item the school is searching for really dangerous?

How reliable is the information?

How badly was the person’s privacy invaded?

Example: In 2009, a middle school student was asked to undress so school officials could search her for Tylenol based on another student’s unconfirmed tip. The Supreme Court decided this was not reasonable because the drug was not all that dangerous, the information was not that detailed, and the intrusion on the student’s privacy was severe. (Strafford v. Redding)

Discussion

Why is there reduced burden in schools? Do you agree?

Are there other places, like airports, were it also makes sense to give the government leeway to search people and property?

Ticket Out the Door

The Strafford case was about strip-search – the most intrusive type of search. Under what circumstances, if ever, do you think a school can constitutionally make a person undress to be searched?