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Published byAdan Stakem Modified over 10 years ago
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CREATING A FLOW CHART FOR SEARCH AND SEIZURE
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Concepts Related to Searches Not a search unless conducted by state actor Justified at inception Individualized suspicion where highly intrusive Risk to safety or discipline for highly intrusive search Reasonably related to objectives of the search Reasonably related in scope to circumstances that justified search Not a search unless legitimate expectation of privacy Reasonable grounds for suspicion of violation of law or school rules Not excessively intrusive, given age and sex of student and nature of infraction Special needs justifying random search
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Two Examples Linear Flow Chart Graphic Flow Chart
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Creating a Linear Flow Chart NNNNot a search unless by state actor JJJJustified at inception SSSSpecial needs justifying random search RRRReasonable grounds for suspicion of violation of law or school rules NNNNot excessively intrusive, given age and sex of student and nature of infraction IIIIndividualized suspicion where highly intrusive RRRRisk to safety or discipline RRRReasonably related to objectives of the search AAAAppropriate safeguards for privacy NNNNot a search unless legitimate expectation of privacy RRRReasonably related in scope to circumstances that justified search Search? State actor Legitimate expectation of privacy Justified at inception? Reasonable grounds for suspicion violation of law violation of school rules Reasonably related in scope to circumstances that justified search? Reasonably related to objectives of the search Not excessively intrusive Age of student Sex of student Highly intrusive Individualized suspicion Sufficient risk to safety or discipline Random search Special needs Appropriate safeguards for privacy
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Creating a Graphic Flow Chart
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Search? Legit exp of privacy? No Search State Actor? NoYes No Justified at Incept? NoYes Violation of rules? Violation of law? No Yes Unconstitutional Reasonably Related in Scope? Related to objectives? NoYes Not excessively intrusive? Age? Sex? Reasonably intrusive Reasonably intrusive Highly intrusive Indiv suspicion Suff. risk Reasonable grounds for suspicion? Constitutional Yes No
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Key Principles Make it yourself Focus on problem-solving steps (analytical steps) Use a format that best suits your learning style and memory Memorize the steps
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