- New Jersey v. T.L.O. , 469 U.S. 325 (1985)
- Vernonia School District 47J v. Acton (1995)
2. Casos gerais
- Gruenke v. Seip, 225 F.3d 290 (3d Cir. 2000)
A member of a swim team who was asked by her coach to take a pregnancy test, claimed violations of state law and damages under §1983. The 3rd Circuit Court of appeals overturned a lower court decision by ruling that the coach’s request did violate the student’s 4th amendment rights and that he was not entitled to qualified immunity relative to disclosure of student’s personal and medical records.
- Bridgman v. New Trier H.S. District 203, 128 F.3d 1146 (7th Cir. 1997)
A male high school student exhibited what appeared to be signs of drug use (alleged unruly behavior, dilated pupils, bloodshot eyes, giggling). As a result, he was subjected to a “medical assessment” by the school’s Health Service Coordinator and was searched by the school’s Student Assistance Program Coordinator who had initially noticed his behavior. A federal circuit court maintained that the search and the ordering of a medical assessment were legal and that the school’s policy requiring written reports about student searches was constitutional.
3. Buscas com exigências de nudez
- Gruenke v. Seip, 225 F.3d 290 (3d Cir. 2000)
A member of a swim team who was asked by her coach to take a pregnancy test, claimed violations of state law and damages under §1983. The 3rd Circuit Court of appeals overturned a lower court decision by ruling that the coach’s request did violate the student’s 4th amendment rights and that he was not entitled to qualified immunity relative to disclosure of student’s personal and medical records.
- Bridgman v. New Trier H.S. District 203, 128 F.3d 1146 (7th Cir. 1997)
A male high school student exhibited what appeared to be signs of drug use (alleged unruly behavior, dilated pupils, bloodshot eyes, giggling). As a result, he was subjected to a “medical assessment” by the school’s Health Service Coordinator and was searched by the school’s Student Assistance Program Coordinator who had initially noticed his behavior. A federal circuit court maintained that the search and the ordering of a medical assessment were legal and that the school’s policy requiring written reports about student searches was constitutional.
3. Buscas com exigências de nudez
- Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 (11th Cir. 1997)
Two second grade girls were strip searched after being accused of taking a missing $7. The court did not rule on the reasonableness of the search but did state that §1983 damages would not be awarded because school officials would not necessarily have known that the search was unreasonable because there was no precedent in either Alabama or in the 11th Circuit.
- Cornfield v. Consolidated High School District 230, 991 F.2d 1316 (7th Cir. 1993).
A male high school student was suspected of “crotching” drugs. He was ordered to remove all his clothes and school authorities visually inspected his naked body. No drugs were found, but the search was upheld as reasonable.
Two second grade girls were strip searched after being accused of taking a missing $7. The court did not rule on the reasonableness of the search but did state that §1983 damages would not be awarded because school officials would not necessarily have known that the search was unreasonable because there was no precedent in either Alabama or in the 11th Circuit.
- Cornfield v. Consolidated High School District 230, 991 F.2d 1316 (7th Cir. 1993).
A male high school student was suspected of “crotching” drugs. He was ordered to remove all his clothes and school authorities visually inspected his naked body. No drugs were found, but the search was upheld as reasonable.
4. Testes de drogas coletivos ou aleatórios
- Bd. of Education of Independent School District No. 92 of Pottawatomie County v. Earls, Bd., 536 U.S. 822 (2002).
The U.S. Supreme Court ruled that random drug testing of students involved in extracurricular activities is legal.
- Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)
A seventh grade student was not permitted to participate in interscholastic athletics because he refused to submit to the school’s drug testing program. The Court ruled that the program was constitutional. There were drug problems in the school and student athletes have a reduced expectation of privacy.
5. Detetores de metais e buscas pessoais
State v. J.A. , 679 So. 2d 316 (Fla. App. 1996)
An independent security firm was hired by the school board to conduct searches of district schools with a hand held metal detector. A team arrived at a Florida secondary school class and noticed a jacket being passed to the back of the room. The team retrieved the jacket, scanned it, and found a gun. J.A. was identified as the jacket’s owner. The court identified this search as a random, suspicionless, administrative search to further the purpose of keeping schools safe. The nature of search was considered a minimal intrusion and the interest of protecting schools from weapons and violence was immediate. Hence, the search was reasonable and not in violation of the Fourth Amendment.
- People v. Dukes , 580 N.Y.S.2d 850 (N.Y. City Crim. Ct. 1992)
A New York court ruled that a student’s rights were not violated when she was subjected to a metal detector search without individualized suspicion. The metal detector search resulted in a search of the student’s book bag whereupon a knife was found.
State v. J.A. , 679 So. 2d 316 (Fla. App. 1996)
An independent security firm was hired by the school board to conduct searches of district schools with a hand held metal detector. A team arrived at a Florida secondary school class and noticed a jacket being passed to the back of the room. The team retrieved the jacket, scanned it, and found a gun. J.A. was identified as the jacket’s owner. The court identified this search as a random, suspicionless, administrative search to further the purpose of keeping schools safe. The nature of search was considered a minimal intrusion and the interest of protecting schools from weapons and violence was immediate. Hence, the search was reasonable and not in violation of the Fourth Amendment.
- People v. Dukes , 580 N.Y.S.2d 850 (N.Y. City Crim. Ct. 1992)
A New York court ruled that a student’s rights were not violated when she was subjected to a metal detector search without individualized suspicion. The metal detector search resulted in a search of the student’s book bag whereupon a knife was found.
6. Buscas em armários
- Commonwealth v. Cass , 709 A.2d 350 (Pa. 1998).
After observing numerous occurrences of what appeared to be suspicious student behavior (frequent phone calls, use of beepers, and carrying large sums of money), administrators at Harborcreek High School in Erie County, requested the state police to conduct canine sniffing of student lockers. Drugs were found in only one of the 2,000 lockers searched. Drug paraphernalia and a small amount of marijuana was seized. The student was called to the principal’s office and read his rights. Overturning a state superior court decision, Pa.’s Supreme Court maintained that this search was reasonable under the federal constitution and Article 1, §8 of the Pa. Constitution. The court pointed out the danger of drugs and students’ limited privacy in schools as a basis for its decision.
- Commonwealth v. Cass , 709 A.2d 350 (Pa. 1998).
After observing numerous occurrences of what appeared to be suspicious student behavior (frequent phone calls, use of beepers, and carrying large sums of money), administrators at Harborcreek High School in Erie County, requested the state police to conduct canine sniffing of student lockers. Drugs were found in only one of the 2,000 lockers searched. Drug paraphernalia and a small amount of marijuana was seized. The student was called to the principal’s office and read his rights. Overturning a state superior court decision, Pa.’s Supreme Court maintained that this search was reasonable under the federal constitution and Article 1, §8 of the Pa. Constitution. The court pointed out the danger of drugs and students’ limited privacy in schools as a basis for its decision.
7. Buscas em acampamentos ou excursões
- Webb v. McCullough , 828 F.2d 1151 (6th Cir. 1987).
On a trip to Hawaii of 140 students, a principal’s search of student rooms for alcohol and without individualized suspicion was unreasonable
- Kuehn v. Renton School Dist. No. 403 , 694 P.2d 1078 (Wash. 1985).
Mass searches of students’ luggage prior to a field trip were unreasonable because they lacked individualized suspicion.
FONTES
Kritsonis, William A. Search and Seizure in Public Schools, 2008
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