Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OR: School search under state constitution is valid on RS not PC

By John Wesley Hall, Jr.

School search under Oregon Constitution requires only reasonable suspicion and not probable cause. The court of appeals erred in requiring PC. State ex rel Juv. Dept. v. M. A. D., 2010 Ore. LEXIS 401 (June 10, 2010), revg State ex rel Juv. Dept. v. M. A. D., 226 Ore. App. 21, 202 P.3d 249 (2009): We conclude that the school context is sufficiently different from the setting in which ordinary police-citizen interactions occur to justify an exception to the warrant requirement in certain circumstances, and we turn to the scope and application of the state's proposed exception. First, we describe what we view as the closest analogy to that exception, the long-standing and well-defined "officer-safety exception" to the warrant requirement of Article I, section 9...continue to full post

Full post as published by Fourth Amendment on June 13, 2010 (boomark / email).