search and seizure a reasonable test created by the ohio state bar foundation

SEARCH AND SEIZURE

A REASONABLE TEST

Created by the Ohio State Bar Foundation

Redding v. Stafford United School District (2009)


Search and Seizure

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


New Jersey

v.

T.L.O. (1985)


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


Present Day Realities

Judging the Fourth Amendment


Fourth AmendmentThe 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


• Searches a friend at a house

• Searches garbage can on the curb

• Taps someone’s phone line

• Searches Facebook


• Reads school Internet or emails

• Profiles person from known terrorist country


• Search someone’s computer files

• Search at a border crossing


• 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?


• 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


• Can government officials read someone’s email?

• Can evidence obtained, without a warrant, be used against a person at a trial?


• 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?


• 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?


• What can you do to protect your rights?

search and seizure a reasonable test created by the ohio state bar foundation

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