News & Analysis as of

Search & Seizure Fourth Amendment Public Schools

Mitchell, Williams, Selig, Gates & Woodyard,...

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...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

Haight Brown & Bonesteel LLP

D.H. v. Clayton County School District - A Federal Appeals Court Reaffirms New Jersey v. TLO

In the light of Riley v. California and United States v. Wurie, which imposed a warrant requirement for the search of cellular phones incident to lawful arrest, some legal commentators believed the courts were poised to...more

Franczek P.C.

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

Franczek P.C. on

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Miller Canfield

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

Miller Canfield on

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

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