A federal district court in New Mexico has issued a temporary restraining order (TRO) limiting searches by school district officials at an upcoming high school prom and graduation. The court rejected that part of the plaintiff’s’ motion seeking to prohibit any searches, but barred the school district from conducting searches and confiscations as it had in the past. The court’s refusal to order a total prohibition on searches at the upcoming school events was based on its finding that while it was likely the plaintiff would succeed on her claim that the suspicionless pat down searches violate the Fourth Amendment, it was not likely she would succeed on the merits of her claim that searches of possessions violate the Fourth Amendment.
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