SCHOOL SAFETY LAW Fourth Amendment Issues

1. SCHOOL SAFETY LAWFourth Amendment Issues Edmund Zigmund Senior Legal Instructor Department of Homeland Security Federal Law Enforcement Training Center Glynco, GA 31524 (912) 280-5447 Edmund.Zigmund@dhs.gov

2. COLUMBINE SCHOOL SHOOTING

3. WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES: 1) INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES 2) GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES

4. WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES: 1) INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES 2) GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES

5. SCHOOL OFFICIALS ACTING ALONE NEW JERSEY v. T.L.O. 469 U.S. 325, 105 S.Ct. 733 (1985) • Search constitutional • 4th Amendment does apply to searches conducted by public school officials

6. SCHOOL OFFICIALS ACTING ALONE NEW JERSEY v. T.L.O. (cont.) 469 U.S. 325, 105 S.Ct. 733 (1985) • Need Reasonable Suspicion: student violating law or school rules • Do not need Search Warrant • Scope of the Search limited to objective of the search: consider student’s age, sex and nature of infraction

7. SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS In Re ANGELIA D.B. 564 N.W.2d 682 (Wis. 1997) • Search constitutional • Reasonable suspicion justified search by school liaison officer at request of and in conjunction with school officials

8. SCHOOL OFFICIALS ACTING IN CONJUNCTION WITH POLICE OFFICERS In Re ANGELIA D.B. (cont.) 564 N.W.2d 682 (Wis. 1997) • Scope of search not excessive student’s age, gender, and nature of the infraction • School officials can request assistance from school police officers or other law enforcement

9. SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY PEOPLE v. DILWORTH 661 N.E.2d 310 (Ill. 1996) • Search constitutional • Search by school liaison officer conducted to maintain a proper educational environment

10. SCHOOL POLICE ACTING ON THEIR OWN AUTHORITY PEOPLE v. DILWORTH (cont.) 661 N.E.2d 310 (Ill. 1996) • Reasonable suspicion existed & school liaison officer was a school official • Scope of search proper - officer seized and searched only flashlight

11. SEARCHES BY OUTSIDE POLICE or INDEPENDENT POLICE F.P. v. STATE 528 So.2d 1253 (Fla. Dist. Ct. App. 1988) • Unconstitutional Search • "School Official Exception" did not apply • Search at request of outside police • S.R.O. needed consent or probable cause

12. INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES SUMMARY SCHOOL OFFICIALSREASONABLE (alone/in conjunction) SUSPICION SCHOOL POLICEREASONABLE SUSPICION OUTSIDE POLICEPROBABLE CAUSE

13. WARRANTLESS SEARCHES IN PUBLIC SCHOOLS TWO GENERAL TYPES: 1) INDIVIDUAL SUSPICION-BASED STUDENT SEARCHES 2) GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES

14. GENERAL STUDENT-WIDE SAFETY or ADMINISTRATIVE SEARCHES VERNONIA SCH. DIST 47J v. ACTON 515 U.S. 646, 115 S. Ct. 2386 (1995) • Drug testing of student athletes constitutional • “Special Needs” make the warrant and probable-cause requirement impracticable

15. METAL DETECTORS Thompson v. Carthage Sch. Dist. 87 F.3d 979 (8th Cir. 1996) • Search constitutional • Risk to student safety and school discipline no reasonable guardian/tutor could ignore • General but minimally intrusive search for dangerous weapons (even though no suspicion of any particular student)

16. DOGS B.C. v. Plumas Unified Sch. Dist. 192 F.3d 1260 (9th Cir. 1999) • Dog “sniff” searches of property are not “searches” (See United States v. Place) • Close proximity sniffing of person is offensive, highly intrusive and was an unconstitutional search • Individualized suspicion requiredfor dog sniff of students

17. LOCKERS In re Patrick Y. 746 A.2d 405 (Md. Ct. App. 2000) • Search constitutional • School lockers were school property no reasonable expectation of privacy • School officials can search like any school property • No probable cause or reasonable suspicion required

18. ? QUESTIONS

19. Thank You!