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Cal.1: School search at behest of LEO still school search under T.L.O.

By John Wesley Hall, Jr.

“In its landmark decision on searches of students by school officials, the United States Supreme Court concluded such searches were justified if ‘“reasonable,”’ though no warrant had been obtained and the 'probable cause' required for a police search did not exist. (New Jersey v. T.L.O. (1985) 469 U.S. 325, 341 [83 L.Ed.2d 720, 105 S.Ct. 733] (T.L.O.).) The high court declined, however, to determine the applicable standard when the school officials conduct the search ‘in conjunction with or at the behest of law enforcement agencies.’ (Id. at p. 341, fn. 7.) The facts of our case directly raise this issue. In the published portion of this opinion, we conclude that when a school official independently decides to search a student and then conducts that search, the T...continue to full post

Full post as published by Fourth Amendment on March 28, 2010 (boomark / email).