Search and Seizure

1
Search and Seizure

• 4th 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.

2
Search and Seizure

• 4th Amendment
• Protection against unreasonable searches
• Warrants
• Is there a expectation of privacy?
• Probable Cause
• Particularity
• Neutral and Detached Magistrate

3
Search and Seizure

• Warrants
• Probable Cause
• Not defined in 4th Amendment defined by
  judiciary.
• Some examples
• Probable cause is where known facts and
  circumstances, of a reasonably trustworthy
  nature, are sufficient to justify a man of
  reasonable caution or prudence in the belief that
  a crime has been or is being committed.
• Probable cause is what would lead a person of
  reasonable caution to believe that something
  connected with a crime is on the premises of a
  person or on persons themselves.

4
Search and Seizure

• Exceptions to Warrant Requirement
• Consent
• Plain View
• Search Incident to Arrest
• Motor Vehicles
• Stop and Frisk

5
Search and Seizure

• Exceptions to Warrant Requirement
• School Searches
• New Jersey v. T.L.O.
• Students have reduced expectation of privacy
• Reasonable Suspicion
• Reasonable grounds for believing that a law or
  school rule has been violated
• Reasonable scope in light of age, gender, and
  nature of infraction
• Justification
• Sustain discipline
• Maintain order in school
• Preserve educational environment
• Student safety

6
Search and Seizure

• School Searches
• Courts adopt case by case approach
• Extreme violence or severe drug problem may
  require more aggressive approach
• Motive for the search important
• Administrator can not be acting in place of
  police
• Exclusionary Rule does not apply
• Unless school acting on behalf of police
• Evidence can still be used in school disciplinary
  process

7
Search and Seizure

• Expansion of School Search Powers
• Drug Testing
• Vernonia School District v. Acton
• Board of Education v. Earls
• Locker Searches
• Most courts find reduced or no expectation of
  privacy
• Iowa v. Jones
• Canine sniff
• Reasonable suspicion to sniff person
• Locker sniff upheld
• Sniff of automobiles upheld on school grounds

8
Search and Seizure

• Expansion of School Search Powers
• Strip Searches
• Generally, too intrusive
• Phaneuf
• Some exceptions have been made for drug searches
• Cornfield
• Metal Detector Searches
• Upheld as necessary for a safe school environment
• Courts look to balance compelling need for
  security vs. privacy interests of students

9
Search and Seizure

• Does college student have expectation of privacy
  in residence hall room?
• Does a college student have a sufficient
  expectation of privacy in residence hall room to
  necessitate a warrant in order to conduct a
  search?

10
Search and Seizure

• In general, case law supports reduced expectation
  of privacy for students residing in residence
  halls
• Reasonable Cause vs. Probable Cause
• Relaxed Standard for College Searches
• Focus on Housing Contracts
• Administrative Search vs. Governmental Search
• Administrative Search focus on
• Advance educational mission of the University
• Governmental Search focus on
• (1) the government's knowledge and acquiescence,
  and
• (2) the intent of the party performing the
  search.

11
Search and Seizure

• Private Schools
• No State Action gt No Constitutional limits
• unless under the direction or with the
  cooperation of law enforcement
• Limitations may still be placed on the actions of
  private school officials.
• purely arbitrary or excessive search may be
  unreasonable

12
Search and Seizure

• PA CODE 12.14. Searches
•  
• (a)  The governing board of every school entity
  shall adopt reasonable policies and procedures
  regarding student searches. The local education
  agency shall notify students and their parents or
  guardians of the policies and procedures
  regarding student searches.
•  (b)  Illegal or prohibited materials seized
  during a student search may be used as evidence
  against the student in a school disciplinary
  proceeding.
•  (c)  Prior to a locker search, students shall be
  notified and given an opportunity to be present.
  When school authorities have a reasonable
  suspicion that the locker contains materials that
  pose a threat to the health, welfare or safety of
  students in the school, student lockers may be
  searched without prior warning.

13
Due Process

• 14th Amendment
• Section. 1. All persons born or naturalized in
  the United States and subject to the jurisdiction
  thereof, are citizens of the United States and of
  the State wherein they reside. No State shall
  make or enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any State deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.

14
Due Process

• Due Process Clause of 14th Amendment
• Interpreted by the Supreme Court to have both
  procedural and substantive components.
• Procedural Due Process
• State has to use sufficiently fair and just legal
  procedures whenever it is going to lawfully take
  away a persons life, liberty or property.
• Substantive Due Process
• Guarantees that a persons life, liberty or
  property cannot be taken without appropriate
  governmental justification, regardless of the
  procedures used to do the taking.

15
Due Process

• Procedural Due Process
• Procedural Fairness
• Goss v. Lopez
• Right to education protected by the 14th A.
• Property Right so entitled to due process.
• Procedural safeguards of criminal proceeding does
  not extend to public school hearings.
• Due Process is flexible based on the seriousness
  of the misbehavior and severity of the penalty.
  (McClain pg. 528)
• As the behavior becomes more serious and
  penalties more severe, the procedural due process
  requirements will become more strict. (Dixon pg.
  522)

16
Due Process

• Procedural Due Process
• What Process is Due?
• Minimally
• Notice
• Timely hearing
• Impartial Tribunal
• May also include
• Confront adverse witnesses
• Present evidence and witnesses
• Counsel
• Official Record
• Appeal
• Greater protection, in some circumstances, for
  students with disabilities

17
Discipline

• Authority to Discipline
• Common Law
• In loco parentis
• School Code
• Local boards power to adopt reasonable rules and
  regulations as it may deem necessary and proper
  to manage school affairs
• Includes Codes of Conduct
• Extends to what is necessary to prevent
  interference with the educational process
• Usually survive challenges of Vagueness
• Due process considerations

18
Discipline

• PA Code
• 12.5. Corporal punishment
• (a)  Corporal punishment is defined as physically
  punishing a student for an infraction of the
  discipline policy. Use of corporal punishment is
  prohibited.
•  (b)  Teachers and school authorities may use
  reasonable force under the following
  circumstances
• (1)  To quell a disturbance.
• (2)  To obtain possession of weapons or other
  dangerous objects.
•     (3)  For the purpose of self-defense.
•      (4)  For the protection of persons or
  property.

19
Discipline

• Limits of Disciplinary Authority
• Regulate conduct while under supervision of the
  school
• On school grounds during school hours and outside
  of school hours
• Off school grounds, but going to and from school
• Attending or participating in a school sponsored
  or school related activity off school grounds
• Out-of-School Conduct
• Direct and immediate effect on the discipline or
  general welfare of the school
• Conduct which disrupts educational process or
  places others in danger