The Courts and the The Courts and the ConstitutionConstitution

If you were responsible for If you were responsible for selecting all of the judges in selecting all of the judges in Florida, what would you look Florida, what would you look for?for?

KnowledgeKnowledgeSkillsSkillsDisposition/QualitiesDisposition/Qualities

How are judges different How are judges different from other elected from other elected officials such as officials such as legislators?legislators?

Should judges be influenced by Should judges be influenced by political pressures when deciding a political pressures when deciding a case?case?

Would you want a judge to make a Would you want a judge to make a decision based on the law decision based on the law oror how how the public might react to the the public might react to the decision?decision?

Should judges do what is legally Should judges do what is legally right or should they do what is right or should they do what is popular?popular?

CHECKS ON JUDGESCHECKS ON JUDGES

MUST FOLLOWMUST FOLLOW::

CONSTITUTIONCONSTITUTION

STATUTESSTATUTES

RULESRULES

HIGHER COURT DECISIONSHIGHER COURT DECISIONS

ACTIONS REVIEWABLEACTIONS REVIEWABLE

So, a judge cannot decide So, a judge cannot decide a case based on how a case based on how he/she he/she feelsfeels about an about an issueissue

Today, you will be a Today, you will be a justice on the U.S. justice on the U.S. Supreme Court and Supreme Court and decide a real case.decide a real case.

But first –But first –

You need to know the You need to know the Fourth Amendment to Fourth Amendment to the U.S. Constitution.the U.S. Constitution.

FOURTH AMENDMENT FOURTH AMENDMENT UNITED STATES CONSTITUTIONUNITED STATES CONSTITUTION

““The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and effectstheir persons, houses, papers, and effects, , against unreasonable searches and against unreasonable searches and seizures,seizures, shall not be violated, and no shall not be violated, and no warrants shall issuewarrants shall issue, but upon probable , but upon probable cause,cause, supported by oath or affirmation, supported by oath or affirmation, and particularly describing the place to be and particularly describing the place to be searched, and persons or things to be searched, and persons or things to be seized.”seized.”

The School Strip SearchThe School Strip Search

NOW THE CASE:NOW THE CASE:

Read and highlight or circle the Read and highlight or circle the important facts.important facts.

The School Strip SearchThe School Strip Search

Were the Fourth Were the Fourth Amendment rights of Amendment rights of

S.R. violated?S.R. violated?

The Trial CourtThe Trial Court

Redding, the school district, and Asst. Redding, the school district, and Asst. Principal Wilson will appear in a federal Principal Wilson will appear in a federal district court before a judge.district court before a judge.

In addition to the In addition to the Fourth Amendment, Fourth Amendment, what else might a what else might a judge need to know?judge need to know?

Other similar cases and how they Other similar cases and how they were decided –were decided –

Case precedent:Case precedent: New Jersey New Jersey v. T.L.O.v. T.L.O., 469 U.S. 325 (1985)., 469 U.S. 325 (1985).

Students caught smoking in Students caught smoking in the the school restroomschool restroom

New Jersey v. T.L.ONew Jersey v. T.L.O

When T.L.O. denied that she had been smoking, When T.L.O. denied that she had been smoking, asst. principal searched her purse.asst. principal searched her purse.

Cigarettes and rolling papers consistent with Cigarettes and rolling papers consistent with marijuana use found. marijuana use found.

Deeper search of purse revealed trace of Deeper search of purse revealed trace of marijuana, a pipe, empty plastic baggies, a marijuana, a pipe, empty plastic baggies, a large amount of money, a list of students who large amount of money, a list of students who owed T.L.O. money, and two letters that owed T.L.O. money, and two letters that implicated T.L.O. in marijuana dealing. implicated T.L.O. in marijuana dealing.

New Jersey v. T.L.O.New Jersey v. T.L.O.

United States Supreme Court United States Supreme Court upheld the search of T.L.O.’s purse.upheld the search of T.L.O.’s purse.

Court articulated that standard Court articulated that standard for school search is for school search is reasonable reasonable suspicionsuspicion, not the higher standard , not the higher standard of probable cause. of probable cause.

Legality of a student search is to Legality of a student search is to be based on reasonableness of the be based on reasonableness of the search under all the circumstances. search under all the circumstances.

New Jersey v. T.L.O.New Jersey v. T.L.O.

A search of a student will be upheld if A search of a student will be upheld if it is it is justified at its inceptionjustified at its inception (i.e., at (i.e., at the beginning of the search).the beginning of the search).

A search is justified at its inception A search is justified at its inception when there are when there are reasonablereasonable grounds grounds to believe that the search will reveal to believe that the search will reveal evidence that the student has evidence that the student has violated or is violating school rules or violated or is violating school rules or the law.the law.

New Jersey v. T.L.O.New Jersey v. T.L.O.

A search of a student will be upheld A search of a student will be upheld if it is also permissible in scope. It if it is also permissible in scope. It must be:must be:

reasonably related to the objectives of reasonably related to the objectives of the search; andthe search; and

not excessively intrusive in light of the not excessively intrusive in light of the age and sex of the student and the age and sex of the student and the nature of the infraction.nature of the infraction.

How are the facts in How are the facts in New Jersey v. New Jersey v. T.L.O.T.L.O. similar or different from similar or different from

the the ReddingRedding case? case?

How have other courts applied the How have other courts applied the T.L.O.T.L.O. decision in the context of decision in the context of

school searches?school searches?

Cornfield v. Consol. High School DistrictCornfield v. Consol. High School District, , 991 F. 2d 1316 (7th Cir. 1993) 991 F. 2d 1316 (7th Cir. 1993)

Teachers and their aides suspected that Teachers and their aides suspected that Cornfield, a student in a behavioral disorder Cornfield, a student in a behavioral disorder program, was concealing drugs in his underwear. program, was concealing drugs in his underwear.

A teacher and the school dean took Cornfield to A teacher and the school dean took Cornfield to the school restroom where they ordered him to the school restroom where they ordered him to completely remove his clothes and change into a completely remove his clothes and change into a gym uniform. gym uniform.

Cornfield’s body and clothes were inspected but Cornfield’s body and clothes were inspected but no drugs were found.no drugs were found.

Cornfield v. Consol. High School DistrictCornfield v. Consol. High School District, , 991 F. 2d 1316 (7th Cir. 1993) 991 F. 2d 1316 (7th Cir. 1993)

Cornfield filed a federal civil rights action against Cornfield filed a federal civil rights action against the school district, the teacher, and the dean the school district, the teacher, and the dean alleging that the search violated his Fourth alleging that the search violated his Fourth Amendment rights. Amendment rights.

The federal trial court dismissed the case against The federal trial court dismissed the case against the defendants, concluding that the search was the defendants, concluding that the search was consistent with the Fourth Amendment.consistent with the Fourth Amendment.

The appellate circuit court affirmed applying the The appellate circuit court affirmed applying the two-part test from two-part test from New Jersey v. T.L.O.New Jersey v. T.L.O.

Cornfield v. Consol. High School DistrictCornfield v. Consol. High School District, , 991 F. 2d 1316 (7th Cir. 1993) 991 F. 2d 1316 (7th Cir. 1993)

The search was reasonable at its inception The search was reasonable at its inception because there were factors indicating that because there were factors indicating that Cornfield might be concealing drugs in his Cornfield might be concealing drugs in his underwear, including:underwear, including:

Cornfield had previously been discovered with a live Cornfield had previously been discovered with a live bullet at the schoolbullet at the school

A bus driver had previously reported that Cornfield A bus driver had previously reported that Cornfield smelled of marijuana.smelled of marijuana.

One student had previously observed Cornfield smoking One student had previously observed Cornfield smoking marijuana. marijuana.

A teacher’s aide informed the teacher that Cornfield had A teacher’s aide informed the teacher that Cornfield had admitted to her that he had previously hidden drugs in admitted to her that he had previously hidden drugs in his underwear during a police raid at his mother house.his underwear during a police raid at his mother house.

Cornfield had a suspicious bulge in his clothing that had Cornfield had a suspicious bulge in his clothing that had not been observed before.not been observed before.

Cornfield v. Consol. High School DistrictCornfield v. Consol. High School District, , 991 F. 2d 1316 (7th Cir. 1993) 991 F. 2d 1316 (7th Cir. 1993)

The search of Cornfield was reasonable The search of Cornfield was reasonable in scope:in scope:

The search was conducted behind the locked The search was conducted behind the locked door of the boys restroom and both of the door of the boys restroom and both of the school officers present were male. school officers present were male.

The school officers did not touch Cornfield, The school officers did not touch Cornfield, but observed from a certain distance away to but observed from a certain distance away to ensure that Cornfield could not conceal any ensure that Cornfield could not conceal any drugs.drugs.

The school officers did not force Cornfield to The school officers did not force Cornfield to stand naked before them, but allowed him to stand naked before them, but allowed him to change into a gym uniform. change into a gym uniform.

Hedges v. MuscoHedges v. Musco, 204 F.3d 109 (3d Cir. 2000) , 204 F.3d 109 (3d Cir. 2000)

Teacher observed Hedges acting out of Teacher observed Hedges acting out of character and noted physical signs character and noted physical signs consistent with drug or alcohol use consistent with drug or alcohol use (flushed face, eyes glassy, pupils (flushed face, eyes glassy, pupils dilated).dilated).

Hedges escorted to nurse, who observed Hedges escorted to nurse, who observed that Hedges appeared to be under the that Hedges appeared to be under the influence of drugs or alcohol. Nurse influence of drugs or alcohol. Nurse determined that Hedges’ blood pressure determined that Hedges’ blood pressure was elevated and her eyes were was elevated and her eyes were bloodshot.bloodshot.

Hedges v. MuscoHedges v. Musco, 204 F.3d 109 (3d Cir. 2000) , 204 F.3d 109 (3d Cir. 2000) A search of Hedges’ backpack revealed a A search of Hedges’ backpack revealed a

plastic bottle which contained three white plastic bottle which contained three white pills and one brown pill. Hedges advised that pills and one brown pill. Hedges advised that the pills were diet pills. Students were the pills were diet pills. Students were prohibited from possessing medication of any prohibited from possessing medication of any kind.kind.

When asked for phone numbers to reach her When asked for phone numbers to reach her parents, Hedges could not remember them. parents, Hedges could not remember them.

Hedges was required to give blood and urine Hedges was required to give blood and urine samples to test for drugs or alcohol in her samples to test for drugs or alcohol in her system. Both tests ultimately reported system. Both tests ultimately reported negative results.negative results.

Hedges v. MuscoHedges v. Musco, 204 F.3d 109 (3d Cir. 2000) , 204 F.3d 109 (3d Cir. 2000)

Hedges’ parents filed a federal civil Hedges’ parents filed a federal civil rights action against the school principal rights action against the school principal (Musco) and other school officials (Musco) and other school officials alleging that Hedges was subjected to a alleging that Hedges was subjected to a search of her bodily fluids in violation of search of her bodily fluids in violation of the Fourth Amendment.the Fourth Amendment.

The federal district court dismissed the The federal district court dismissed the case against the defendants and the case against the defendants and the Hedges appealed. Hedges appealed.

The appellate circuit court affirmed the The appellate circuit court affirmed the dismissal applying the two-part test from dismissal applying the two-part test from New Jersey v. T.L.O.New Jersey v. T.L.O.

Hedges v. MuscoHedges v. Musco, 204 F.3d 109 (3d Cir. 2000) , 204 F.3d 109 (3d Cir. 2000)

Hedges’ behavior and appearance Hedges’ behavior and appearance provided the teacher with reasonable provided the teacher with reasonable suspicion to send Hedges to the nurse, suspicion to send Hedges to the nurse, and for the nurse to check her vital signs.and for the nurse to check her vital signs.

These factors coupled with (1) the These factors coupled with (1) the discovery of the prohibited pills in discovery of the prohibited pills in Hedges backpack; and (2) the fact that Hedges backpack; and (2) the fact that Hedges could not remember her parents’ Hedges could not remember her parents’ daytime phone numbers provided daytime phone numbers provided principal Musco with reasonable principal Musco with reasonable suspicion to order a further search in the suspicion to order a further search in the form of blood and urine samples. form of blood and urine samples.

Hedges v. MuscoHedges v. Musco, 204 F.3d 109 (3d Cir. 2000) , 204 F.3d 109 (3d Cir. 2000)

The bodily fluids “search” of Hedges was The bodily fluids “search” of Hedges was not excessively intrusive given her age, not excessively intrusive given her age, sex, and the nature of the infraction.sex, and the nature of the infraction.

The urine sample was produced in an The urine sample was produced in an enclosed lavatory stall with a female enclosed lavatory stall with a female monitor outside solely to listen for monitor outside solely to listen for signs of tampering.signs of tampering.

Blood tests are commonplace and Blood tests are commonplace and involve nearly no risk or trauma.involve nearly no risk or trauma.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

A student reported to the school gym A student reported to the school gym teacher that Phaneuf told her that she teacher that Phaneuf told her that she (Phaneuf) possessed marijuana and (Phaneuf) possessed marijuana and planned to hide it in her pants during a planned to hide it in her pants during a mandatory bag search that would occur mandatory bag search that would occur before an off-campus school trip.before an off-campus school trip.

The gym teacher reported the tip to the The gym teacher reported the tip to the

principal. principal.

Phaneuf was taken to the nurse’s office.Phaneuf was taken to the nurse’s office.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

When informed of the tip, Phaneuf denied When informed of the tip, Phaneuf denied the allegation, but the gym teacher and the the allegation, but the gym teacher and the principal believed that she was lying. principal believed that she was lying. Phaneuf had a history of discipline Phaneuf had a history of discipline problems, though none involved drugs.problems, though none involved drugs.

The principal ordered the nurse, Fraikin, to The principal ordered the nurse, Fraikin, to search Phaneuf’s underpants. When Fraikin search Phaneuf’s underpants. When Fraikin hesitated, Phaneuf’s mother was called to hesitated, Phaneuf’s mother was called to conduct the search. While waiting for the conduct the search. While waiting for the mother, the principal searched Phaneuf’s mother, the principal searched Phaneuf’s purse and found cigarettes and a lighter. purse and found cigarettes and a lighter.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

Phaneuf’s mother was advised that if she Phaneuf’s mother was advised that if she did not participate in the search, school did not participate in the search, school officials would call the police.officials would call the police.

Phaneuf was required to pull down her Phaneuf was required to pull down her bra, lower her skirt to the floor, and pull bra, lower her skirt to the floor, and pull her underpants away from her body. The her underpants away from her body. The search did not reveal marijuana.search did not reveal marijuana.

Phaneuf subsequently filed a lawsuit in Phaneuf subsequently filed a lawsuit in state court alleging that Fraikin and state court alleging that Fraikin and other school officials violated her Fourth other school officials violated her Fourth Amendment rights by conducting the Amendment rights by conducting the strip search.strip search.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

The defendants (the school officers) The defendants (the school officers) removed the case from state to federal removed the case from state to federal court.court.

The federal district court held that the The federal district court held that the search was reasonable under the Fourth search was reasonable under the Fourth Amendment pursuant to Amendment pursuant to New Jersey v. New Jersey v. T.L.O.T.L.O.

The federal appellate court The federal appellate court reversedreversed and and held that the strip search of Phaneuf held that the strip search of Phaneuf violated the Fourth Amendment.violated the Fourth Amendment.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

The federal appellate court did not reach the The federal appellate court did not reach the

second prong of the second prong of the T.L.O.T.L.O. test because it test because it concluded that the strip search was not concluded that the strip search was not justified at its inception (i.e., the strip justified at its inception (i.e., the strip search failed on the first prong of search failed on the first prong of T.L.O.T.L.O.).).

The tip was insufficient to justify a strip The tip was insufficient to justify a strip search because search because no evidence was offered to demonstrate why the no evidence was offered to demonstrate why the

principal felt the tipster was trustworthyprincipal felt the tipster was trustworthy no meaningful inquiry or corroboration of the tip no meaningful inquiry or corroboration of the tip

occurredoccurred

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

Phaneuf’s past disciplinary problems Phaneuf’s past disciplinary problems were not sufficient to justify the strip were not sufficient to justify the strip search because none of her prior search because none of her prior problems involved the use of drugsproblems involved the use of drugs

The “manner” of Phaneuf’s denial of the The “manner” of Phaneuf’s denial of the allegation was not sufficient to justify the allegation was not sufficient to justify the strip search because the record provided strip search because the record provided no evidence to demonstrate how her no evidence to demonstrate how her manner of denial was suspicious or how manner of denial was suspicious or how it led the principal and the gym teacher it led the principal and the gym teacher to believe that she was lying.to believe that she was lying.

Phaneuf v. FraikinPhaneuf v. Fraikin, 448 F.3d 591 (2d Cir. 2006) , 448 F.3d 591 (2d Cir. 2006)

The cigarettes in Phaneuf’s purse The cigarettes in Phaneuf’s purse were not sufficient to justify the were not sufficient to justify the strip search because tobacco use strip search because tobacco use was of limited relevance to whether was of limited relevance to whether (1) Phaneuf brought marijuana to (1) Phaneuf brought marijuana to school; and (2) whether Phaneuf school; and (2) whether Phaneuf was smuggling marijuana in her was smuggling marijuana in her clothingclothing..

The School Strip SearchThe School Strip Search

Now, back to our Now, back to our Question:Question:

Were the Fourth Were the Fourth Amendment rights of Amendment rights of

S.R. violated?S.R. violated?

Arguments Before the Federal Arguments Before the Federal Trial CourtTrial Court

Did the strip search of S.R. violate Did the strip search of S.R. violate the Fourth Amendment?the Fourth Amendment?

Yes or No?Yes or No?

Why?Why?

What did the real trial What did the real trial court decide?court decide?

What happens next?What happens next?

What is an Appeal?What is an Appeal?

FEDERAL CIRCUIT COURTS OF FEDERAL CIRCUIT COURTS OF APPEALSAPPEALS

3 judges sit to hear 3 judges sit to hear case.case.

DecisionDecision What is next?What is next?

FEDERAL CIRCUIT COURTS OF FEDERAL CIRCUIT COURTS OF APPEALsAPPEALs

The The entireentire circuit court circuit court decides to rehear the case decides to rehear the case (this is known as a (this is known as a rehearing rehearing en bancen banc).).

Decision of the Decision of the entireentire court court What happens next?What happens next?

The United States Supreme The United States Supreme CourtCourt

The U.S. Supreme CourtThe U.S. Supreme Court

9 Justices9 Justices

Now you are Justices Now you are Justices on the U.S. Supreme on the U.S. Supreme Court.Court.

Here is the question Here is the question before the court…before the court…

The School Strip SearchThe School Strip Search

Constitutional QuestionConstitutional Question

Is the Fourth Amendment Is the Fourth Amendment violated when a school violated when a school official orders a strip search official orders a strip search of a student to recover of a student to recover over-the-counter pain over-the-counter pain medication and medication and prescription-strength prescription-strength ibuprofen?ibuprofen?

The School Strip SearchThe School Strip Search

Individually answer the question Individually answer the question – –

Yes or No based on the facts of Yes or No based on the facts of the case, the constitution, and the case, the constitution, and case precedent.case precedent.

-Give 3 reasons in writing.-Give 3 reasons in writing.

The School Strip SearchThe School Strip Search

If you answer “Yes” – you are If you answer “Yes” – you are deciding for April Redding, S.R.’s deciding for April Redding, S.R.’s mother.mother.

__________________________________________________________

If you answer “No” you are If you answer “No” you are deciding for the school district deciding for the school district and Assistant Principal Wilson. and Assistant Principal Wilson.

The School Strip SearchThe School Strip Search

Constitutional QuestionConstitutional Question

Is the Fourth Amendment Is the Fourth Amendment violated when a school violated when a school official orders a strip search official orders a strip search of a student to recover of a student to recover over-the-counter pain over-the-counter pain medication and medication and prescription-strength prescription-strength ibuprofen?ibuprofen?

The School Strip SearchThe School Strip Search

Get into Groups of 5Get into Groups of 5 Choose a Chief JusticeChoose a Chief Justice Chief Justice Maintains OrderChief Justice Maintains Order Poll the Justices. How did each one Poll the Justices. How did each one

answer the question and why?answer the question and why? Try to come to a unanimous Try to come to a unanimous

decision.decision. You have 10 minutes to discuss then You have 10 minutes to discuss then

take a final polltake a final poll

The School Strip SearchThe School Strip Search

After each Court decides:After each Court decides:

Bring the Chief Justices to the Bring the Chief Justices to the front of the room to report on front of the room to report on the decision of each groupthe decision of each group

Tally results and announceTally results and announce

The School Strip SearchThe School Strip Search

What did the real U.S. What did the real U.S. Supreme Court decide Supreme Court decide and why?and why?

The School Strip SearchThe School Strip Search

To read the actual To read the actual decision, visit the decision, visit the following website:following website:

http://www.supremecourtus.gov/opinions/08slipopinion.html