Presentation is loading. Please wait.

Presentation is loading. Please wait.

CREATING A FLOW CHART FOR SEARCH AND SEIZURE. Concepts Related to Searches  Not a search unless conducted by state actor  Justified at inception  Individualized.

Similar presentations


Presentation on theme: "CREATING A FLOW CHART FOR SEARCH AND SEIZURE. Concepts Related to Searches  Not a search unless conducted by state actor  Justified at inception  Individualized."— Presentation transcript:

1 CREATING A FLOW CHART FOR SEARCH AND SEIZURE

2 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

3 Two Examples Linear Flow Chart Graphic Flow Chart

4 Creating a Linear Flow Chart NNNNot a search unless by state actor JJJJustified at inception SSSSpecial needs justifying random search RRRReasonable grounds for suspicion of violation of law or school rules NNNNot excessively intrusive, given age and sex of student and nature of infraction IIIIndividualized suspicion where highly intrusive RRRRisk to safety or discipline RRRReasonably related to objectives of the search AAAAppropriate safeguards for privacy NNNNot a search unless legitimate expectation of privacy RRRReasonably 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

5 Creating a Graphic Flow Chart

6 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

7 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


Download ppt "CREATING A FLOW CHART FOR SEARCH AND SEIZURE. Concepts Related to Searches  Not a search unless conducted by state actor  Justified at inception  Individualized."

Similar presentations


Ads by Google