FlyerTalk Forums - View Single Post - 10-year old cuffed for scissors at school
Old Dec 13, 2004 | 10:00 pm
  #40  
AArlington
20 Years on Site
 
Join Date: Apr 2003
Location: Arlington VA
Posts: 5,735
Originally Posted by mizzou65201
Bingo!

The primary case on this issue is New Jersey v. T.L.O., 469 U.S. 325 (1985).
First, I'm glad I went to private schools and oversears chools .

Second, can you clarify that case you posted? The first paragraph indicates that the fourth ammendmant still applies. But the second paragraph says school officials are exempt from the warrant requirement if the search is reasonable. There is no question that students can be expelled; but can evidence that gets a student expelled (rolling papers or whatever) also be used criminally?

And in the case of the child with the scissors -- could the way those scissors were discovered be a legal search for criminal purposes? And if not, under what grounds was the child arrested?
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