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Fourth Amendment Public Schools

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 -
Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...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

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

Clark Hill PLC

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

Clark Hill PLC on

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

Jackson Lewis P.C.

Federal Appeals Court Holds That Public School District May Drug Test Substitute Teacher Applicants

Jackson Lewis P.C. on

A federal appeals court has held that a public school district may drug test applicants for substitute teacher positions, concluding that such testing does not violate the Fourth Amendment’s prohibition against unreasonable...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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