“9 Fundamentals of Search & Seizure Law for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015

FUNDAMENTAL #1 ■ Fourth Amendment Applies in Public Schools ■ Students do not “shed their constitutional rights... at the school house gate.”

FUNDAMENTAL #2 ■ Public School Administrators are “State Actors” under the Fourth Amendment ■ New Jersey v. TLO (1985)

FUNDAMENTAL #3 ■ Public School Students - “Expectation of Privacy” ■ Persons and Articles Brought to School

FUNDAMENTAL #4 ■ Students Have Lower “Expectation of Privacy” than the General Public

FUNDAMENTAL #5 ■ “ Expectation of Privacy” ■ Student’s Person ■ Items Brought to School

FUNDAMENTAL #6 ■ “ Expectation of Privacy” ■ Purses or Backpacks ■ Lockers

FUNDAMENTAL #7 ■ Searches Must Be “Reasonable” ■ Probable Cause NOT Needed ■ Warrant NOT Needed

FUNDAMENTAL #8 ■ “Justified at its Inception” ■ “Reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating the law or rules of the school” ■ TLO

FUNDAMENTAL #8 ■ “Reasonable in Scope” ■ “Measures used reasonably related to the search’s objectives and not excessively intrusive in light of the age and sex of the student and the nature of the infraction” ■ TLO

FUNDAMENTAL #9 ■ Technology and the Fourth Amendment ■ Cell Phones, PDAs, Google Glasses, etc. ■ Same Standards Apply?

SEARCH & SEIZURE QUIZ ■ Scenario # 1 ■ Scenario # 2

“9 Fundamentals of Search & Seizure Law for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015