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Cases about Searches
Cases about School Resource Officers (SROs)
Good/bad facts for M.B.
Good/bad facts for the school
100
What is part 1 of the 2-part reasonable suspicion test in the case T.L.O.?
There must be reasonable grounds that the search will turn up evidence.
100
If a SRO is wearing a police uniform and receives his paychecks from the police department, is he acting as a school official or as a law enforcement agent when he searches a student?
Probably a law enforcement agent. See the case Alaniz.
100
Is this a good or bad fact for M.B.? Officer Lewis wore a uniform and carried a badge, handcuffs, and a handgun.
Good fact. This supports the argument that Officer Lewis was acting as a law enforcement official, which means he needs a warrant to search her cell phone.
100
Is this a good or bad fact for the school? Officer Lewis had a good relationship with students, had an office on campus, and worked there every school day.
Good fact. This supports the argument that Officer Lewis was acting as a school official, which means he did not need a warrant to search her cell phone.
200
What is part 2 of the 2-part reasonable suspicion test in the case T.L.O.?
The search must be reasonable in scope. That means a court must balance government interests with privacy interests.
200
If a SRO has an office on campus and always conducts searches with the help of the principal, is he acting as a school official or as a law enforcement agent when he searches a student?
Probably a school official. See the case Alaniz.
200
Is this a good or bad fact for M.B.? M.B.’s high school has a strict “zero-tolerance” policy for drug possession at school.
Bad fact. M.B. was violating school policy.
200
Is this a good or bad fact for the school? Officer Lewis did not find any spray paint in M.B.’s backpack.
Bad fact. M.B. could argue that the search should have stopped there.
300
According to the case G.C., if a SRO thinks that searching a cell phone will turn up evidence of criminal activity, does he have “reasonable grounds” to search that cell phone?
Yes.
300
Does an SRO acting in the role of a police officer need a warrant to search a student?
Yes. If a SRO is seeking evidence for a criminal prosecution, rather than informal school discipline, then he is acting in the role of a police officer and needs a warrant. See the case Meneese.
300
Is this a good or bad fact for M.B.? The message “Molly / Just Say Yes / Prom 2014 / #ItsGoingDown3D” was ambiguous and capable of an innocent interpretation.
Good fact. M.B. could argue this message was not enough justification to invade her privacy.
300
Is this a good or bad fact for the school? Officer Perez, a Drug Task Force officer told Officer Lewis that drug dealers rely heavily on their cell phones and social media sites to sell drugs.
Good fact. This helps the school argue that the cell phone search was justified at its inception, as required by T.L.O. Step 1.
400
According to the recent case Supreme Court Riley, is a warrant needed before an S.R.O. searches a student’s cell phone?
It’s unclear. The majority in Riley held that a police officer needs a warrant to search somebody’s cell phone, but we don’t know if this applies to students in schools. Some states, however, have ruled that reasonable suspicion is needed (G.C., J.W.).
400
Name 4 of the factors the Alaniz court mentions to determine whether an SRO is acting as a school official or a law enforcement agent at the time of a search.
(1) Whether the officer was in uniform; (2) whether the officer has an office on the school campus; (3) how much time the officer is at school each day; (4) whether the officer is employed by the school system or a law enforcement agency; (5) what the officer’s duties are at school; (6) who initiated the investigation; (7) who conducted the search; (8) whether other school officials were involved; (9) and the officer’s purpose in conducting the search.
400
Is this a good or bad fact for M.B.? RxTrakr was a drug-related app.
Bad fact. The school could argue that Officer Lewis’s search of RxTrakr was reasonable because he was looking for evidence of drug sales.
400
Is this a good or bad fact for the school? Officer Lewis had to de-code M.B.’s passcode and click through several icons before reaching her “record” tab.
Bad fact. This supports M.B.’s argument that Officer Lewis’s search went too far and was too intrusive.