Legal Memorandum Essay

2796 WordsJul 6, 201312 Pages
MEMORANDUM To: Scott Haddock, Supervising Attorney From: Bob Barker, Super Senior Paralegal Re: Paige Turner Our file No.: 12095 Public school searches Date: June 6, 2013 I. Issues 1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs. 2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs under state or federal law. II. Brief Answers 1. No. Strip searches of students in public schools of students are completely prohibited by state and federal law under any circumstances. 2. Public school officials are in…show more content…
We will find the ambiguous meaning by looking at the Fourth Amendment of the United States Constitution; “The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,..” Prior to the landmark ruling by the United States Supreme Court, New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985), the clarity on how search and seizures applied to students in public schools were unclear. A particular case from 1969 can shed some light regarding on how the First Amendment of the U.S. Constitution defines student rights in public schools. In Tinker v. Des Moines, 393 U.S. 503, 89 S. Ct. 733; 21 L. Ed. 2d 731 (1969), the court found that: “Students … [do not] shed their constitutional rights to freedom of speech or expression at the schoolhouse gates.” Public school administrators are state actors for purposes of the Fourth Amendment and are subject to the constitutional prohibition on unreasonable searches and seizures. New Jersey v. T.L.O., 469 U.S. 325, 333-334, 341 (1985). Public school administrators are state actors for purposes of the Fourth Amendment and are subject to the constitutional prohibition on unreasonable searches and seizures. Id. at 341. Searches by
Open Document