What is the current state of the law regarding searches of schoolchildren by school authorities?

California, United States of America


The following excerpt is from Alfredo A. v. Superior Court, 26 Cal.Rptr.2d 623, 6 Cal.4th 1212, 865 P.2d 56 (Cal. 1994):

[865 P.2d 71] In New Jersey v. T.L.O., supra, 469 U.S. 325, 105 S.Ct. 733, the court considered "what limits, if any, the Fourth Amendment places on the activities of school authorities" who search students. (469 U.S. at p. 332, 105 S.Ct. at p. 737.) Although schoolchildren have an expectation of privacy(id., at pp. 337-339, 105 S.Ct. at pp. 740-742), the need to maintain order in the classroom "requires some easing of the restrictions to which searches by public authorities are ordinarily subject." (Id., at p. 340, 105 S.Ct. at p. 742.) Thus, in striking the balance of reasonableness, considerations unique to their particular circumstance qualified the scope of constitutional protection available to juveniles.

Other Questions


What is the current state of the law on searches by school authorities under the Fourth Amendment? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the current state of the law on consent to search in a search warrant case? (California, United States of America)
What is the current state of the law regarding electronic searches of cell phones under probation? (California, United States of America)
Does a warrant for a search warrant for search of a garage authorize the search of the garage? (California, United States of America)
What is the current state of the law regarding the Fourth Amendment and the right to search and seizure of personal information in the context of an inspection of a residential property? (California, United States of America)
What is the current state of the law on police search and detention of the occupants of a home during a search and arrest? (California, United States of America)
When a warrant was issued for a search of a mobile home by a police officer looking for evidence of illegal possession of a firearm, what is the current state of the law on the right of search warrant? (California, United States of America)
What is the current state of the federal system regarding ascertainability issues? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.