REOP
True or false: students have no reasonable expectations of privacy in school settings
False! Lessened, sure, but still existent!
True or false: probable cause is a more stringent, or stricter, legal requirement than reasonable suspicion
True!
Why was TLO and her friend smoking cigarettes instead of using an electronic vape?
They didn't exist yet!
Name a Native American tribe:
Answers will vary
True or false: a drug testing dog can sniff lockers but cannot sniff individual backpacks within a classroom
False!
True or false: before playing bassoon in high school, Alden played the saxophone in marching and concert band
True! Tenor sax!
What is the legal standard that a school official needs to conduct a search?
Reasonable suspicion!
Who was president during WW1?
Woodrow Wilson!
Who was president during WW2?
FDR!
True or false: a drug-sniffing dog can be called in to sniff an individual student suspected of wrong doing
False!
(DAILY DOUBLE WORTH 600 PTS!)
In our court cases, SCOTUS clarifies that school officials serve a parenting role during the day that allows greater intrusions into student privacy. What is the legal term for this relationship?
In Loco Parentis
What is the legal standard a SRO (school officer) needs to search a student?
Probable Cause!
TLO clarified that a search must be reasonable in both what? Blank AND Blank
Inception and scope!
What was the qualitative legal difference between students taking gym class, and student athletes, that allows a school district to randomly drug test student athletes, and not gym students?
It is a question of voluntary participation!
True or false: a school admin can never perform a strip search of a student
Technically... false. Although it would be exceptionally exceptionally rare for this to be reasonable in scope.
Alden has his house windows open and has kilos of cocaine clearly visible to the public on the sidewalk. What legal principle explains why Alden lacks a reasonable expectation of privacy? The (Blank ) (Blank) doctrine.
The Plain View doctrine!
True or false: a police officer pulls you over for speeding. He instructs you to step out of the car, and chooses to place you in handcuffs while he runs your license, to protect his safety. Assume he thereupon searches your pockets. Would this be constitutional?
Yes! In 4th Amendment law, this is referred to as Search Incident to Arrest
(We did not cover this, but it made for a fun question!)
What did the school admin see in TLO's backpack that gave him reasonable suspicion to continue searching her bag, despite the fact he had already found cigarettes?
Rolling papers- he assumed it was associated with marijuana usage
What is the definition of sangfroid?
Excessive composure or coolness!
Why did the Vernonia Court determine that student athletes have lessened expectations of privacy?
Communal undress in the locker room and that school sports are "not for the bashful."
What two questions do we ask to determine whether an individual has a reasonable expectation of privacy in a given area of life?
We ask
1- does the person have a subjective expectation of privacy
2- if so, does society recognize it as reasonable?
A search of a student by an admin or teacher will typically be JUSTIFIED at the INCEPTION of the search, so long as there is reasonable grounds for suspecting.....
the search will turn up evidence the student has or is violating school rules or the law!
Suppose a school admin suspects a student of vaping. They search his backpack and find Zyn pouches. Based on this, they suspect the student may use OTHER forms of tobacco, and CONTINUE searching the rest of his bag, whereupon they find a starburst flavored vape. Permissible in scope?
Yes!
In discussing Vernonia, the US Supreme Court explained that schools serve a parental and an educational purpose. They used the term custodial for the parental role. What was the term they used to describe the educational role?
Tutelary!
The super important 4th Amendment case that clarifies the 2 step REOP analysis is titled US v Katz. In that case, federal agents attempted to wiretap what?
A phone booth!