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Fourth Amendment Students

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Robins Kaplan LLP

To Seize or Not to Seize: Campus Protests and Police Uses of Force

Robins Kaplan LLP on

Dozens of college and university campuses experienced protests in April and May of 2024 due to the ongoing conflict in the Middle East. Many were peaceful, but some turned violent — and they engendered a wide variety of law...more

Fisher Phillips

Test Integrity in the Remote Learning Era: How Your School Can Avoid Privacy Violations

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A federal judge in Ohio just concluded that a university’s practice of conducting room scans for remote testing was unreasonable and a violation of a student’s Fourth Amendment privacy rights. The August 22 decision in...more

Bond Schoeneck & King PLLC

U.S. District Court Holds that Visual Room Scan Prior to Online Exam Violates the Fourth Amendment

In a decision issued last week, the U.S. District Court for the Northern District of Ohio ruled that a public institution conducted an unreasonable “search,” in violation of the Fourth Amendment to the United States...more

Robinson+Cole Data Privacy + Security Insider

Court Rules that Universities Can’t Scan Students’ Rooms During Remote Testing

In a case brought against Cleveland State University, a federal court has ruled that it is unconstitutional for a state university to require a student to allow a virtual camera scan of their home testing area during a remote...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Rumberger | Kirk

Social Unrest, the COVID-19 Pandemic and School-Required Masks: What Could Possibly Go Wrong?

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With many public schools back in session, there is a new must-have accessory for students: masks. Outside of school, many have used this new and highly visible accessory to express personal beliefs, some of which are...more

Tucker Arensberg, P.C.

Court Dismisses Student’s Claim That Confiscation of His Cell Phone While District Investigated Student’s Suspected Misconduct Was...

Tucker Arensberg, P.C. on

Rorvik v. Snohomish School District, et al., 2018 WL 3917932.  The U.S. District Court for the Western District of Washington rejects student’s Section 1983 claims that District officials’ confiscation of his cell phone,...more

Franczek P.C.

Do I Smell a Problem? Considerations When Implementing Randomized Drug Dog Searches in Schools

Franczek P.C. on

One of our favorite sources for Franczek email alerts is our readers, and we recently received a question from a Twitter follower about the legal considerations related to randomized dog searched in public schools. ...more

Clark Hill PLC

The Eleventh Circuit Court of Appeals: Some Student Cell Phone Searches do not Violate Clearly Established Law

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The Eleventh Circuit Court of Appeals recently confirmed school officials’ governmental immunity in a Fourth Amendment challenge to a search of one high school student’s cell phone....more

Tucker Arensberg, P.C.

Latest Legal Developments On Student Searches

Tucker Arensberg, P.C. on

Highhouse v. Wayne Highlands School District, — F.Supp.3d — 2016 WL 4679012 (M.D. Pa. Sept. 7, 2016): claims relating to unlawful strip search of student accused of stealing money against individual employees and a school...more

Miller Canfield

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

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With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

Franczek P.C.

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Franczek P.C. on

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

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