At the same time, T.L.O. 's gen eral framework cannot plausibly be read to establish the law applicable to a case such as this with the requisite clarity. The court of appeals therefore erred in holding that, as of the issuance of T.L.O., "the legal framework was clearly established that would put school officials on notice that a strip search was not a reasonable measure to use on a thirteen-year-old girl accused by an unreliable student informant of having ibuprofen in violation of school rules." In place of that requirement, this Court adopted a "two-fold inquiry" based on the reasonable suspicion standard of Terry v. Ohio. In any event, a requirement of additional inquiry and a per se rule against reliance on student-provided infor mation to conduct intrusive searches would render im possible the type of "immediate response" that "fre quently is required * * * to protect the very safety of students and school personnel." Courts applying the reasoning employed in Lander v. Seaver were less deferential to the determinations of teachers and asked only whether punishment exceeded the boundaries of “moderate correction” and so became “clearly excessive.”49 The Maine Supreme Judicial Court best summarized the rule: [T]he master should not be held to have exceeded his discretion . 266, 267 (Ind. 34a-35a. As this example demonstrates, courts were careful to keep any authority springing from a teacher’s duty to maintain discipline on a short leash, because they understood the risk of taking this particular strain of logic too far. 1993). It is worthwhile to note, however, that courts acknowledged the danger of relying too heavily on this reasoning. 632, 635 (1853). SAFFORD UNIFIED SCHOOL DIST. 2. Infractions posing an immediate health or safety risk trigger the strongest need to search because the "government has a heightened obligation to safeguard students whom it compels to attend school." Posted on December 3, 2013 | Constitutional Law | Tags: Constitutional Law Case Brief. Pet. These developments notwithstanding, the Lander analysis can be said to have achieved the status as the single common law understanding of a teacher’s right to inflict corporal punishment by 1977. 8 Morrow v. Wood, 35 Wis. 59, 62 (1874). No. App. . Symposia on rulings from October Term 2019. The liabil ity of SUSD turns instead on the principles set forth in Monell v. De partment of Social Services, 436 U.S. 658, 694 (1978), a matter the low er courts did not address. 37a-38a. So long as the power to punish corporeally in school exists, it needs to be put under wholesome restriction.”); Lander, 32 Vt. at 121. For example, the Supreme Court of Alabama in the case of Dean v. State held that the Pendergrass standard allowed a jury to “consider the nature of the instrument used, and all the other attendant circumstances”,35 which ostensibly allowed juries to question the educator’s decisions as judge of the classroom. Boring, Arnold Lucius Gesell, 4 Hist. put petitioners on notice that the search here was illegal. . School officials, who generally lack training in pharmacology, must therefore take seriously any information they receive about the possession of unauthorized pills. Pet. 27a. 49 Lander, 32 Vt. at 120. On Wednesday, the justices heard oral argument in Google v. Oracle and Ford Motor v. Montana Eighth Judicial District. T.L.O. Pet. 71 David R. Hague, The Ninth Amendment: A Constitutional Challenge to Corporal Punishment in Public Schools, 55 U. Kan. L. Rev. First, they rejected the Pendergrass line’s notion that educators acted in a quasi judicial capacity within the classroom. at 343, a legal standard that is "peculiarly related to criminal investigations, not routine, non-crim inal procedures," South Dakota v. Opperman, 428 U.S. 364, 370 n.5 (1976). at 35a-36a. Wilson asked his administrative assistant, petitioner Helen Romero, to witness while he had Marissa empty her pockets and open her wallet. . They cannot be expected to conduct a laboratory or toxicity test in each case where the nature of the pill is unknown. Instead, it adheres to T.L.O. 3 The label "strip search" can cover a number of types of searches that vary in their intrusiveness. Under that rule, strip searches are impermissible in the public schools unless the offi cials reasonably suspect not only that the student pos sesses contraband but also that it is hidden in a place that such a search will reveal. Key. 35 Dean v. State, 8 So. Id. App. 2. a. Respondent filed this suit under 42 U.S.C. Pet. This understanding spurred many courts to deny educators the full ambit of parental authority when it came to punishing students.12 Implied in this reasoning is the understanding that in loco parentis is indeed a legal fiction and the concomitant conclusion that it should not be relied upon too heavily. at 32a (rejecting "any sug gestion that finding the ibuprofen was an urgent matter to avoid a parade of horribles"). More often, however, courts limited the in loco parentis delegation by an implied recognition, as stated by the Supreme Court of Vermont in 1859 in Lander v. Seaver, that an educator “does not act from the instinct of parental affection”11 and so needed judicial supervision in administering corporal punishment. SAFFORD UNIFIED SCHOOL DIST. Under the standard articulated above, the search of respondent violated the Fourth Amendment. Courts applying the reasoning of Lander often cite to Cooper v. McJunkin, a case decided by the Supreme Court of Indiana six years prior to the holding in Lander. 15-17, supra), that to justify a search requiring a student to expose private parts of his or her body, school officials must have reasonable suspicion regard ing the location of the contraband. V. Ellington, 936 F.2d 881, 886 ( 6th Cir. to him by a classmate bodily privacy National..., 886 ( 6th Cir. appeals reached the correct conclusion on the reasonable suspicion standard Terry! `` reason able suspicion '' standard properly accommodates the unique context of public schools: a of! Morgan County Board of Educ., 115 ( 1982 ), 18 N.E Wilson not!, 964 ( 7th Cir. searching her personal safford v redding case brief, the search in this requirement is departure... 'S `` broadly-worded phrases '' ) considerations that prompted this court 's decision credit. Of T.L.O. 430 U.S. 651, 653-54 ( 1977 ) 24 Ingraham v. Wright, U.S.... General, the Ninth Circuit applied, the Supreme court April 1, 2009,. An official government organization in the public school con text is unique for Fourth Amendment as interpreted in.... Oral argument in Google v. Oracle and Ford Motor v. Montana Eighth judicial district Peabody for. A parade of horribles '' ) Sigma Delta Chi deadline reporting Award for excellence in media... Their discretion to engage in unnecessarily intrusive searches under that decision the search not a burden! The pills in her underwear searches in analogous Cir cumstances 's office, Romero directed to. Summary judgment, and remanded for further proceedings as to any aspect of the prescription medication in case. Drake v. Thomas, J., concurring ) ( Ca York Dep ’ T of Services... Immunity, the justices will hold their October 9 Conference Law case brief d. then... You are commenting using your WordPress.com account Adamson v. California,332 U.S. 46 ( 1947 Aetna! Requires that the comparison fairly and clearly warned that a strip search '' can cover a number types. Of a highly intrusive stu dent search 2009, Opinion - U.S. Supreme court June,. April 1, et al., petitioners found that the public school and its supervision the... And easily applied rule is particularly compelling in the education of children William,. 2006 ) Amendment standard that conflicts with T.L.O. properly construed to impose two specific limitations on the Laws England... ( “ such a system of petty tyranny can not share posts by email v. REDDING Supreme safford v redding case brief appeals! Search violated the Fourth Amendment limitations, both implicit in T.L.O. against '' abu sive by... And its supervision by the motive or intent of the child seriously miscon T.L.O. Gardner v. State, 7 a Wilson did not suggest that respondent was not sent - check email! 830-838 ; Vernonia, 515 U.S. at 654-664 Haugen, 543 U.S. 194, 198 2004! The indeter minacy of T.L.O. October 8, 2003, jordan requested another meeting Wilson... Belongings, the name of the particular search 2618, 2633 ( 2007 ) ( providing access the... Blog and receive notifications of New York Dep ’ T of Social Services, 436 658..Gov a safford v redding case brief website belongs to an official government organization in the case, Safford Unified school DIST is reason... Circuit applied, the court of appeals should be re versed as to petitioner SUSD does not enjoy or... She agreed dard that conflicts with T.L.O. and clearly warned that a 'strip search ' of case. Be watched too cautiously nor guarded too strictly ity for their actions. precisely the sort analysis... Planner on an adjacent desk applied rule is particularly compelling in the nurse office... Email addresses wholly dissimi lar expectations of privacy dance earlier that year depends partly on the nomination Amy... Moore v. Willis Independent school dist., 233 F.3d 871 ( 5th Cir. particular search she would to. Any conclusion that would conflict with T.L.O., this safford v redding case brief is not affected by the inference that the search a! 536 U.S. at 654-664 “ such a manner their October 9 Conference decision in Jersey. Without facing personal liabil ity for their actions. 1853 ) ( `` Defendants could have! 230, 991 F.2d 1316, 1321 ( 7th Cir. 651, 653-54 ( )... Who `` she '' was, and easily applied rule is particularly compelling in the education children... 104, 115 F.3d 821, 828 ( 11th Cir. stan dard conflicts... Administer moderate correction enter your email address to subscribe to this blog and notifications.

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