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To: neverdem
... two judges on the U.S. Court of Appeals for the 9th Circuit, who last fall ruled that the strip search did not violate Savana's Fourth Amendment rights.

We still HAVE a Fourth Amendment?

77 posted on 04/03/2008 3:33:12 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: 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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