NSBA Legal Clips
Archived entries for Fourth Amendment

Federal appeals court finds Kentucky out-of-district student entitled to Goss hearing prior to removal and cell phone search unconstitutional

The Sixth Circuit ruled that a school district violated an out-of-district student’s due process rights when it removed him from school without providing him with a pre-expulsion hearing, and violated his search and seizure rights when a school administrator viewed text messages on his cell phone that had been properly confiscated.

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Supreme Court finds drug dog search on house porch to be an unreasonable search

The United States Supreme Court, in a 5-4 decision, held that use of a drug-sniffing dog by police officers on the front porch of a suspect’s home, without probable cause, a search warrant, or the homeowner’s consent, constituted an unreasonable search under the Fourth Amendment.

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Federal appellate court rules Missouri district’s use of drug dogs to screen student property is not unreasonable seizure

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled that a school district’s procedure for using drug dogs to survey areas of a school, including sniffing students’ personal belongings when not in their possession during the drug survey, did not violate a student’s Fourth Amendment seizure rights.

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Pennsylvania district policy allows student strip searches in limited circumstances

The Morning Call reports that the Palisades School Board has adopted a policy that would allow strip searches of students when other students and staff are believed to be in danger.

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North Carolina parents sue district for strip-search of elementary student for missing $20

The Fayette Observer reports that Clarinda and Lionel Shawn Cox, the parents of Justin Cox, have filed suit in federal court against the Sampson County Board of Education, alleging their then-fifth grade son was strip-searched in June 2012 by now-former Union Elementary School Assistant Principal Teresa Holmes for $20 reported missing in the school’s cafeteria.

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Alabama federal district court rules that claims of excessive use of force made by students maced by SROs can go forward

An Alabama federal district court has ruled that the Fourth and Fourteenth Amendment claims made by several students for being subjected to chemical spray (mace) by school resource officers for minor nonviolent rules infractions are for a jury to resolve. The court also ruled that a student had stated valid constitutional claims against a school administrator for use of excessive force and excessive corporal punishment.

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Teacher sues Nevada district for conducting invasive drug testing in violation of the Fourth Amendment

The Las Vegas Sun reports that a middle school teacher has filed a lawsuit in federal court against the Clark County School District for allegedly holding her against her will in a room and forcing her to take an “invasive” drug test.

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North Carolina Supreme Court sends student “bra search” suit back to trial court for further evidentary findings

The Associated Press reports in the Citizen-Times that the North Carolina Supreme Court has vacated the North Carolina Court of Appeals decision holding that a bra-lift search at Brunswick County Academy was “degrading, demeaning and highly intrusive.”

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South Carolina district considering implementing random drug testing for employees

According to IndependentMail.com, the Pickens County School Board is considering adopting a policy that would subject all Pickens County School District employees to random drug testing.

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Illinois district sued over alleged strip search of middle school student

The Chicago Tribune reports that the mother of a male student at Round Lake Middle School has filed suit against Round Lake Area School District 116, the middle school’s former principal, and the school’s current assistant principal alleging the 13-year old student was illegally strip searched in April 2012.

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