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To: Skooz
"We still HAVE a Fourth Amendment?"

For students? Surely you jest.

"In a 6-3 decision issued by Justice White in New Jersey v. T. L. O., 469 U.S. 325 (1985), The U.S. Supreme Court ruled that the search and seizure by school officials without a warrant was constitutional as long as the search was deemed reasonable given the circumstances. The Court reaffirmed that there is a balancing between the individual's--even a child's--legitimate expectation of privacy and the school's interest in maintaining order and discipline. Accordingly, school officials do not need a warrant to search the belongings of students, but they do require a "reasonable suspicion"."

"This reasonable suspicion test, meaning the reasonableness of the search under all the circumstances, is a lesser standard than the Probable Cause standard. Such reasonableness is based on two criteria: 1, whether the action was justified at its inception; 2, whether the search as actually conducted was unreasonably related in scope to the circumstances which justified the interference in the first place."

102 posted on 04/03/2008 6:49:56 AM PDT by robertpaulsen
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To: robertpaulsen
TLO was about ciggies and did not involve a strip search either. There's a different privacy expectation for container and purse searches than strip searches. This ain't a Terry stop.

Not even in the same league outside of balancing tests used.

128 posted on 04/03/2008 9:18:24 AM PDT by Darren McCarty (Let's go Red Wings (no I'm not that McCarty))
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To: robertpaulsen
Accordingly, school officials do not need a warrant to search the belongings of students, ....

Does "belongings" include the students' bodies? I doubt it. Lockers and back packs are one thing. A strip search is a whole 'nother matter.

137 posted on 04/03/2008 10:18:33 AM PDT by Skooz (Any nation that would elect Hillary Clinton as its president has forfeited its right to exist.)
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To: robertpaulsen

Wow. You favor strip searching little girls just because they might be suspected of carrying contraband like Advil that would disrupt order and discipline?


249 posted on 04/03/2008 5:57:27 PM PDT by metmom (Welfare was never meant to be a career choice.)
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